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Agenda 12/02/2008 Item #16G 3 Agenda Item No. 16G3 December 2, 2008 Page 1 of 21 EXECUTIVE SUMMARY Request that the Collier County Redevelopment Agency amend the Commercial Fa!i'ade Grant Program to incorporate an Application, Recipient Agreement, Lessee Agreement, Applicant Commitment of Resources, Project Summary and Evaluation Form and Payment Request Form into the program documents packet for the Immokalee Community Redevelopment area. OBJECTIVE: To request that the Collier County Redevelopment Agency amend the Commercial Fac;:ade Grant Program to incorporate an Application, Recipient Agreement, Lessee Agreement, Applicant Commitment of Resources, Project Summary and Evaluation Form and Payment Request Form into the program documents packet for the Immokalee Community Redevelopment area. CONSIDERATIONS: On July 22, 2008 the BCC amended Ordinance No. 2002-38 in order to create a Commercial Fac;:ade Improvement Grant Program (attached hereto as Exhibit A) within the Immokalee Community Redevelopment Area (CRA) using a portion of the funds in the Redevelopment Trust Fund. In order to complete the program requirements the immokalee CRA desires to incorporate the following documentation as part of the Commercial Fac;:ade Improvement Program: - 1. Commercial Fac;:ade Grant Application (attached hereto as Exhibit B) 2. Commercial Fac;:ade Grant Recipient Agreement (attached hereto as Exhibit C) 3. Lessee Agreement (attached hereto as Exhibit D) 4. Appiicant Commitment of Resources Form (attached hereto as Exhibit E) 5. Project Summary and Evaluation Form (attached hereto as Exhibit F) 6. Payment Request Form (attached hereto as Exhibit G) FISCAL IMPACT: This item has no fiscal impact. LEGAL CONSIDERATIONS: This Resolution and attachments have been reviewed by the County Attorney's Office and are legally sufficient for the CRA Board action. This item is not quasi-judicial. This item requires a simple majority vote. (mmss) ADVISORY BOARD RECOMMENDATION: During the regular September 17, 2008 meeting, the Immokalee Local Redevelopment Advisory Board made a recommendation to include the application, recipient agreement and lessee agreement into the Commercial Fac;:ade Improvement Grant Program. During the regular November 19'h meeting, the remaining above listed documents were approved by the Immokalee Local Redevelopment Advisory Board. RECOMMENDATION: Recommend that the Collier County Community Redevelopment ,l",gency approve the attached Commercial Fac;:ade Grant Program Application, Recipient Agreement and Lessee Agreement for inciusion into the previousiy adopted Immokalee Commercial Fac;:ade Grant Program. -- PREPARED BY: Bradley Muckel, Project Manager, Immokalee Community Redeveiopment Agency. Page ] of 1 Agenda Item No. 16G3 December 2, 2008 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16G3 Request that the Collier County Redevelopment Agency amend the Commercial Faade Grant Program to incorporate an Application. Recipient Agreement, Lessee Agreement, Applicant Commitment of Resources, Project Summary and Evaluation Form, and Payment Request Form into the program documents packet for the Immokalee Community Redevelopment area. Meeting Date: 12/2/2008 900.00 AM Prepared By Bradley Muckel Project Manager Date BCC lmmokalee eRA 10/30/20088:19:18 AM Approved By Penny Phillippi Immokalee, eRA Date BCC County Redevelopment Agency 11/13/20081:42 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 11/17/2008 1 :24 PM Approved By Marjorie M. Student~Stjrljng Assistant County Attorney Date County Attorney County Attorney Office 11/21/20084:31 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 11/21/20084:32 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 11/2312008 12:23 PM fiie://C:\AgendaTest\Exoort\117-December%202.%202008\16.%20CONSENT%20AGEN... 11/25/2008 Agenda Item No. 16G3 December 2, 2008 Page 3 of 21 CRA RESOLUTION NO 08 - A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM PROVIDING FOR AN APPLICATION WITH ATTACHMENTS. WHEREAS, on July 30, 2002, the Board of County Commissioners of Collier County, Florida (BCC) adopted Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Redevelopment Area; and WHEREAS, on July 22, 2008 the BCC amended Ordinance No. 2002-38 in order to create a Commercial Fayade Improvement Grant Program within the Immokalee Community Redevelopment Area (CRA) using a portion of the funds in the Redevelopment Trust Fund; and WHEREAS, the Immokalee CRA desires to include the following documentation as part of its Commercial Fayade Improvement Program: 1. Fayade Grant Application (attached hereto as Exhibit B) 2. Fayade Grant Recipient Agreement (attached hereto as Exhibit C) 3. Lessee Agreement (attached hereto as Exhibit D); 4. Applicant Commitment of Resources Form (attached hereto as Exhibit E); 5. Project Summary & Evaluation Form (attached hereto as Exhibit F); 6, Payment Request Form (attached hereto as Exhibit G). NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that: SECTION 1 Adoption. The Commercial Fayade Improvement Program Recipient Documents attached hereto as Exhibits B, C , D, E, F, and G are hereby established, created and adopted in accordance with the provisions of Collier County Ordinance No. 2008-40, "Fayade Grant Program for the Immokalee Community Redevelopment Area" attached hereto as Exhibit A. SECTION 2 Administration, After the Bce allocates grant funding for the fiscal year, the CRA Board shall approve an award of grant to applicant for the grant, and approve payment upon completion of work by the applicant. The eRA delegates the administration of the grant program to the Executive Director and Immokalee Local Redevelopment Advisory Board to include but not be limited to: the application process, review and recommendation of recipients, monitoring grant progress, and recommending grant payment upon completion of work. -1- Agenda Item No. 16G3 December 2. 2008 Page 4 of 21 The recipients of any grant funds shall be required to execute the attached Grant Recipient Agreement (attached hereto as Exhibit C), SECTION 3 Severability, If any section or portion of this Resolution proves to be invalid or unlawful or unconstitutional it shall not be held to invalidate or impair the validity force or effect on any other section or part of this Resolution. SECTION 5 Effective Date, This Resolution shall become effective immediately upon passage and adoption, of This Resolution adopted after motion second and majority vote this 20_, day ATTEST: DWIGHT E BROCK Deputy Clerk COMMUNiTY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency .r~arjOrie M, Student-Stirling Assistant County Attorney - 2 - Agenda Item No. 16G3 December 2, 2008 Page 5 of 21 I '\'-<'1; ^ ~~10l4i J\."l.. It~. q 0, :0\ li,VJitf:V~,Y ~ .... lL ~ "- J~ Community Redevelopment Agency j The Plqce to cqll Homel EXHIBIT A Commercial Facade Improvement Program policies and Procedures March 2008 310 A1achua Street Immokalee, FL 34142 Agenda Item No. 16G3 December 2, 2008 Page 6 of 21 Section 1 - Prol!ram Puroose and Benefits The Immokalee Community Redevelopment Agency's Commercial Facade Improvement Program allows for the use of Community Redevelopment Agency (CRA) grant funds, in conjunction with private investments, for general improvements to the exterior of commercial structures located within the boundaries of the Immokalee Urban Designated Area. The intent of the Commercial Facade Improvement Program is to increase commercial occupancy rates and property values within the CRA while revitalizing the overall appearance of the Immoka1ee Urban Designated Area. To accomplish this objective, the Program assists commercial property owners and tenants to restore or renovate the exteriors of their structures, thereby improving the area's physical characteristics and enhancing the visual quality and attractiveness of the environment, which will lead to increased investment, occupancy and property values. Eligible applicants can receive grant funding up to $20,000 using a one-half (Y2)-to-one match with equal applicant funding for facade improvements to commercial structures. To illustrate, if a grant amount of $20,000 is requested, the applicant must provide funding in an amount of at least $10,000 toward redevelopment of the project as well. All facade improvements must be consistent with the Immoka1ee Community Redevelopment Plan, Immoka1ee Area Master Plan, and the Land Development Code. CRA staff will review applications for completeness and determine if funding is to be recommended, Grant funds will be distributed only upon completion of improvements and submittal of all receipts, invoices and required documentation to CRA staff. Applicants must be willing to maintain the renovations and improvements for at least five years. The Grantee shall not be liable to the CRA for repayment of the grant funds provided the Grantee complies with all conditions set forth in the Grant Agreement. Should the Grantee transfer, sell, divest itself of its interest in the subject property, or fail to maintain the renovations and improvements during the five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds as follows: Elaosed Time Amount Due CRA o to one year after grant funds received 100% One year after grant funds received 80% Two years after grant funds received 60% Three years after grant funds received 40% Four years after grant funds received 20% Five years after grant funds received 0% Grant funding is awarded on a iirst -come, first -served basis. Based on the amount of ii.mding requested, applications must be approved by the appropriate entity (CRA, CRA Executive Director or designee) before work can begin on the improvements. Grants will not be awarded for work previously completed or that is in the process of being completed. 1 Agenda Item No. 16G3 December 2, 2008 Page 7 of 21 Section 2 -Community Redevelopment Area Boundaries The Immokalee Urban Designated Area Boundaries are reflected on the map attached. Section 3 - EIil!ible Expenses 1. Facade improvements, such as storefronts, display windows, painting (in conjunction with other improvements), and exterior architectural or security lighting. 2. Removal of elements that cover original architectural design and details. 3. Signage. 4. Addition and/or replacement of awnings/doors/windows. 5. Overall replacement of architectural elements that have structural deficiencies. 6. Painting, as part of a more comprehensive improvement project. 7. New stucco and stucco bands. 8. Electrical work directly related to the exterior of the building or the installation of approved sign age. 9. Professional design and engineering services related to structural renovation, new construction and signage. 10. Landscaping and inigation (subject to approval of a Landscape Plan). II. Demolition required to facilitate approved facade improvements. 12. Vinyl soffit and fascia, as part of more extensive project improvements. 13. Roof improvements. 14. Improvements that enhance access, such as handicapped ramps and sidewalks. 15. Decorative fencing. 16. Improvements to parking facilities. 17. Storm water enhancements. 18. Statues and fountains. Section 4 - Inelil!ible Expenses 1. Physical or visual removal of architecturally important features. 2. Installation of aluminum or vinyl siding. 3. Painting, when not associated with other improvements. 4. Permitting fees. 5. Any labor performed by a non-licensed contractor. 6. Improvements constructed prior to execution of final agreement with the CRA. 7. Routine maintenance activities that are part of normal property ownership. 8. Repairs performed to correct Code violations. 9. Improvements to a property that has any judgment liens, is not current on all mortgage and tax obligations, and has any Code violations. 10. New construction. 11. Renovations to properties that are exclusively residential. 12. Renovations to properties that have non-conforming uses. 13. Interior renovations. Section 5 - Prol!ram Criteria 2 Agenda Item No. 16G3 December 2, 2008 Page 8 of 21 1. The structure to be improved must be within the boundaries of the Immokalee Urban Designated Area. 2. Applicants must demonstrate that all necessary financing required to complete the project has been secured and that the applicant is providing matching funds that are at least one- half (\I,) of the amount of the grant amount being requested. 3. Applicants must have received the requisite CRA, CRA Executive Director or designee approval prior to commencement of improvements, 4. All necessary permits and approvals must be obtained from Collier County before work is commenced. All work is to be performed to the satisfaction of the Collier County Building Department officials, and all site and landscaping work is to be performed in compliance with the Land Development Code and all applicable County ordinances and regulations. 5. A licensed contractor must perform the work; proof of licensure and insurance is required. 6. Applicants must agree to maintain the improvements for at least five years. The CRA, CRA Executive Director or designee, as applicable, must approve any changes proposed to the improvements. 7. The property must be free from any judgment liens, and all mortgage and tax obligations must be current. 8. There may be no more than one approval for project funding per fiscal year. A "project" is defined as a single or set of enhancement/renovation activities for an eligible property. 9. The total amount of grant funds available for anyone property under this Program is $20,000. Any subsequent applications for the same property in future years will be treated cumulatively for purposes of determining funding eligibility. Section 6 - Evaluation Criteria Grant funds are limited and will be awarded on a first-come, first-served basis. Because one of the primary objectives of the Commercial Facade Improvement Program is to eliminate blighted conditions and improve the visual impact of the redevelopment area, competed applications will be evaluated using the following criteria: 1. Consistency with the goals, objectives, policies and principles of the Immoka1ee Community Redevelopment Plan and the Immokalee Area Master Plan. 2. Adjacency of the project to a recent or proposed redevelopment project. 3. Likelihood that the project will result in the occupancy of a presently vacant building. 4. The amount of funds that the applicant pledged to match leveraged against CRA funds. 5. The extent to which the project encourages a secure and convenient environment for patrons and employees. 6. Receipt of previous facade improvement grant awards (first-time applicants will have priority over rcpeat applicants). Section 7 - Application Procedures 3 Agenda Item No. 16G3 December 2, 2008 Page 9 of 21 A property owner or tenant that is interested in participating in the Commercial Facade Improvement Program must submit a completed and signed application, along with supporting documentation, to: The Immokalee Community Redevelopment Agency 3 IO Alachua Street Immokalee, FL 34142 In addition to other supporting documents, applicants are required to submit quotes from two licensed contractors with the application. CRA staff will review applications for completeness and for compliance with Program criteria. Applications that are incomplete may be returned for additional information. Projects that do not comply with Program criteria will not be considered for funding. A wards of funding will be based on the lowest qualified bid. The applicant may elect to choose a contractor other than the one with lowest qualified bid but shall be responsible for all costs exceeding the lowest qualified bid. Under all circumstances, the contractor performing the work must be licensed, insured and have worker's compensation insurance. It is recommended that applicants retain the services of a registered architect, or similarly qualified design professional to prepare plans, drawings, renderings and construction specifications for their projects. Fees for services provided by a registered architect or similarly qualified design professional may be counted towards the applicant's Program match. The CRA will not be responsible in any manner for the selection of a contractor. An applicant should pursue all activities necessary to determine contractor qualifications, quality of workmanship, and reputation. The applicant will bear full responsibility for reviewing the competence and abilities of prospective contractors and secure proof of licensing and insurance coverage. Commercial Facade Improvement Program grant applications can be obtained from the Immokalee Community Redevelopment Agency, 310 Alachua Street, Immokalee, FL 34 I 42. 4 Agenda Item No. 16G3 December 2, 2008 Page 10 of 21 Pre-Application Meeting If desired, CRA staff will review the applicant's conceptual plans in an informal setting, including discussion of the eligibility criteria, Program requirements, proposed project scheduling, and consistency of the proposal with the intent of the Program. At this stage, staff can offer assistance with the completion of the application form and provide limited technical and architectural guidance on the project proposal. At the conclusion of the pre-application meeting, staff will provide the applicant with a general determination as to whether the proposed project is likely to qualify to receive Program funds and whether the applicant is sufficiently prepared to move on to the application stage. Required Submissions Items required for submission include: 1. A completed and signed application form. 2. At least four 4" by 6" color photographs of the existing building exterior, showing all sides of the building, with emphasis on the area to be improved. 3. Renderings or conceptual drawings of the project when completed. 4. Two bids from licensed contractors detailing the following: a. Description of the materials to be used and the construction procedure: and. b. Itemized cost estimate of the project. 5. A legal description of the property. 6. Proof of property ovmership and, if a tenant, a copy of the lease. 7, If the property is leased, the property owner must also be a party to the grant application and grant agreement. 8. Documentation from all lending institutions verifying all mortgage payments on the property are current and that the lending institutions will provide updated information upon request by the CRA, CRA Executive Director, or designee. 9. Documentation indicating that all property tax payments are current. 10. Proof of property insurance. Application Approval The CRA Executive Director or designee will approve or deny grant applications of $10,000 or less. Projects in excess of $10,000 will be forwarded to the CRA Advisory Board and the CRA Board with a recommendation from CRA staff for funding approval or denial. All applicants will receive written notification regarding approval or denial of their application. If an applicant's proposal is approved by the CRA Executive Director/designee or the CRA, as applicable, the applicant will receive written notification of the approval, which will include a funding agreement listing the amount of matching funds that are approved. Documentation of Applicant's Required Match The applicant will be required to document the type and source of the matching funds on the application submitted to the CRA. Verification of the funding sources will be required before final approval of the grant application. At the discretion of the CRA Executive Director or designee, or the CRA, structural repairs directly related to the building's facade that were completed within six months prior to the date of the grant application MA Y be used as part or all of the applicant's required match. 5 Agenda Item No. 1683 December 2, 2008 Page 11 of 21 Construction Start After the grant agreement has been executed, the applicant may award the construction contract and secure all necessary construction permits. The owner/tenant must issue a "Notice to Proceed" to the contractor and apply for a building permit within 60 days of executing the grant agreement. Construction must begin within 90 days of execution of the grant agreement and be completed within 12 months of the execution of the grant agreement. Extensions may be granted at the discretion of the CRA Executive Director or designee, contingent upon the applicant's demonstrating just cause for such an extension. Modifications to the approved final plans or changes to the construction documents, which produce visible differences in the approved facade design, will require review and approval by the CRA and/or CRA staff. Failure to receive such approval shall invalidate the grant agreement, and the agreement will be deemed terminated. In the event the agreement is terminated, and if any grant funds have been disbursed to the applicant by the CRA as provided below, the disbursed funds shall become immediately due and payable to the CRA. Disbursements Generally, approved projects will receive reimbursement funding upon completion of the project and submission of all required receipts, invoices and documentation. For projects in excess of $10,000 (grant and applicant match combined), where the applicant cannot secure full funding for the project, the Executive Director of the CRA may approve the partial payment of grant funds once a project has reached agreed-upon milestones. In these cases, the applicant and the CRA will reach an agreement before construction begins on the terms and conditions of such a milestone and the amount of the partial payment. However, grant funds cannot be used to reimburse the applicant for any work done on the building prior to the date of a fully executed Grant Agreement between the applicant and the CRA, Funds will be disbursed by a check payable to the applicant (1) upon certification of completion by a County Building Official, or as agreed to with the CRA Executive Director; (2) CRA staff verification that the work was completed as proposed in a satisfactory and professional manner; and (3) submission of all receipts and required documentation, including contractor invoicing, and evidence of payment of funds for reimbursement and match, to CRA staff. Funds will not be disbursed on proj ects that are not in accordance with the approved plans. The Immoka1ee CRA will make the final determination as to whether the project is complete. Applicants must provide verification, satisfactory to the CRA, of all project costs, including contractor invoicing, and evidence of paymcnt of funds for reimbursement and match, before grant funds can be disbursed. Application Process Summary I. Applicant submits a complete application to the CRA office. 2. CRA staff reviews application for completeness, accuracy and eligibility. 3. CRA staff presents recommendation to the CRA Executive Director and/or CRA, as appropriate. 6 Agenda Item No. 16G3 December 2, 2008 Page 12 of 21 4. Upon approval, the applicant will be notified in writing of the amount of the grant awarded and the documentation that must be provided before funds are released. Section 8 - Disclosures The CRA expressly reserves the right to reject any or all applications or to request additional information from any or all applicants. The CRA retains the right to amend the program guidelines and application procedures without notice. The CRA also retains the right to display and advertise properties that receive grant funding. Section 9 - Contact Information Questions on how to complete the application or on the viability of a proposed project should be directed to CRA staff at 239.252.2310 or 2313. 7 Agenda Item No. 16G3 December 2, 2008 Page 13 of 21 INCENTIVE PROGRAM AREAS IMMOKALEE, FLORIDA UU:~ .n.n_n.On._ ...n............__u__..n. .......nn'_.._...... ./ / SEPTEMBER 2006 IMMOKALEE, FLORIDA 0 ---------'1 . ~. > '.' I l ',-, · !''.'::--r ",-'t'.l1. ,;, , " " C"' .~\i1"~~~~',), ['~--~1':.. ". _'__'I,! 'I I ) - f t",,,,:~~~ f . . ........._.~_.._._._._.j_~f>>;"~,~_~;-~-- -~I._=;,.,-_~_!_~._____..._hn....h.h.n.n______..: . : ii, t~ I' -'1 uu.nU nUl - r _. ',J . ',0 ',,\ --~-MI;";-- N CCMl,lUNIT'vREDEVELOPMENTAREA [.=J1MMO""LEEURBAfI&JUNDARY , ENTERPRISEZ:JtjE *"01 & FEDERAL EMP0INERMENTZONE I RJRMAREAcrr;RI~ICAlEC()NOMI::;CDW;ERN .\ol'f-,_ 1________1.. 1..----.-_..____ ! -- Agenda Item No. 16G3 December 2, 2008 Page 14 of 21 EXHIBIT B IMMQKALEE eRA Community Redeveiopment Agency iThe Placeto Call Home' Immokalee eRA I Commercial Fa~ade Improvement Grant AppiicaHon Commercial Fat;ade Grant Application (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone Alternate Phone E-Mail Address Do you own or lease the property? -1 I Occupational License No.T (if applicable Project Information Describe the existinl! conditions of the site (attach additional sheets ifnecessarv). Outline the proposed imnrovements in detail (attach additional sheets if necessary), REQl'"U'D \'I 1 \CII\lE"iTS I'IW\I APPl.IC \"'T: J) Onl' t'stllnalt.' ('aell from I" () l'ontrnctur... 1m ('oil'll 1)1 ()j('(~t. I hC"l' ((llll1ddp!" I\ll S I bL' hqullll till nnlltll (I",..h..,,~ 2) HusilU's\ ()"nlTS: l'()P~ 01 o('l'UpatiullallilTlIst'. 1) Attach two color photos of each project to be performed, 2) Attach Property Appraiser ill. eRA STAFF: Estimated cost of improvements: Maximum grant award: $ $ Agenda Item No. 1683 December 2, 2008 Page 15 of 21 EXHIBIT C COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT THIS AGREEMENT ENTERED this _ day of between the Collier County Community Redevelopment (hereinafter referred to as "CRA") and as "GRANTEE"). , _ by and Agency (CRA) (lmmokalee) (hereinafter referred to WIT N E SSE T H: 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 Fayade 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 and WHEREAS, GRANTEE has applied for a fayade grant in the amount of dollars; WHEREAS, the CRA has detennined that GRANTEE meets the eligibility requirements and was approved for a Fayade Program award in the amount of dollars on ("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 Fayade Program, that GRANTEE has read the Fayade Program Policies and Procedures document, and that GRANTEE has had ample opportunity to discuss the Fayade Program with GRANTEE'S counsel or advisor. GRANTEE further acknowledges to the CRA that GRANTEE understands and agrees to abide by all of the tenns and conditions of the Fayade Program. GRANTEE agrees to the terms and conditions of the Fayade Program attached hereto as Exhibit A and incorporated herein by reference. -1- Agenda item No. 16G3 December 2, 2008 Page 16 of 21 2. GRANTEE IS the record owner of property described as: 3. GRANTEE has agreed to make certain improvements to the property pursuant to the Fa9ade Program application submitted to the CRA dated attached hereto as Exhibit B and incorporated herein by reference. 4. CRA has approved an award to GRANTEE in the amount of $ administered pursuant to the terms of this Agreement based on an estimated cost of$ to be 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 tenns 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. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 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. 16G3 December 2, 2008 Page 17 of 21 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. GRANTEE(s): (I) Witness Signature By: Printed/Typed Name Primed/Typed Name (2) Witness Signature By: Printed/Typed Name Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Marjorie Student-Stirling Assistant County Attorney This Agreement j. to he .igned and witnessed AFTER eRA staff has found the application to be complete. - 3 - Agenda Item No. 16G3 December 2, 2008 Page 18 of 21 EXHIBIT D IMMOI>ALEE C&A Community Redevelopment Agency I The place to Call Home! Immokalee eRA I Commercial Facade improvement Grant p.ppiication Lessor / Owner Authorization for Improvements I, , owner of the property located at , understand that , who has a valid lease for the above listed property, authorize said tenant to complete the improvements listed under Section 2 of the completed Commercial Fa9ade Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Lessor I Owner Authorization Form was executed before me this day of , 200~by , owner of the property located at who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: Agenda Item No. 16G3 December 2. 2008 Page 19 of 21 EXHIBIT E IMMOKALEE CII.A Community R.cclevdopment Agency iThe P[~ce to (<Ill Homel Immokalee eRA I Commercial Fagade Improvement Grant Application Applicant Commitment of Resources 1/ we, , owner(s) / tenant(s) of the commercial property located at , have the funding and all other capability necessary to begin the site improvements listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (if leased) Date Signature of Tenant (if leased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) EXHIBIT F Agenda Item No. 16G3 December 2, 2008 Page 20 of 21 IMMOKALEE eRA Community Re<levelopment Agency iThe Pl,ce to c,1I Home' Immokalee eRA 1 Commercial Far,;:ade Improvement Grant Project Summary & Evaluatfon Grantee Pro,j ect Summary & Evaluation (attach additional sheets as necessary) Proiect SUmmary Describe the improvements made. List all vendors I contractors providing materials or services for this project with contact information. Vendor I Service Provider Phone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attacbed to this report. EXHIBIT G Agenda Item No. 16G3 December 2, 2008 Page 21 of 21 IMMOKALEE eRA Community Reclevelopment Agency iThe pl,ce to C,II Homel Immokalee eRA I Commercial Fa~ad€ Improvement Grant Proj!:!ct Payme>lt Request Payment Request On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Commercial Fayade Improvement Grant program: Improvement Cost Total I hereby confirm that all items listed above have been completed as outlined in the Commercial Fal'ade Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200_ by , owner of the property located at , who: _ is personally known by me OR _ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Noiary Public Commission No: My Commission exoires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (1) VENDOR/CONTRACTOR INVOICE I RECEIPT ~ (2) COPY OF CANCELLED CHECK OR CREDIT CARD V ALIDATlON TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE.