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Agenda 10/28/2008 Item #16G 2 Agenda Item No. 16G2 October 28,2008 Page 1 of 17 EXECUTIVE SUMMARY Recommendation for the Collier County CRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program for Fiscal Year 2009; approve the Grant Application process; and approve the form of the Grant Agreement OBJECTIVE: For the Collier County CRA Board to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program for Fiscal Year 2009, to approve the Grant Application process, and to approve the form of the Grant Agreement. BACKGROUND: Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - authorizes the CRA to carry out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. Collier County Ordinance 2002-38 created the Site Improvement Grant for the Bayshore Gateway Triangle Redevelopment Area. The ordinance provided for the CRA Board to amend the Site Improvement Grant Program as needed by CRA Resolution. CONSIDERA TIONS: The CRA Local Advisory Board has monitored the Site Improvement Grant program for the CRA for six years. A thorough review of the program and its process by CRA Staff has determined that the program should be amended to better serve the community by clarifying qualified residential projects, eliminating commercial projects, and clearly specifying eligible grant participants. A new grant program will be created for commercial projects. LEGAL CONSIDERATIONS: The revised Site Improvement Grant Program documents have been reviewed by the County Attorney's Office and are legally sufficient for CRA Board action. (MMSS) FISCAL IMP ACT: If approved, the amended grant program will be available to eligible applicants. Sufficient dollars are available to fund the FY09 Fund 187 grant program, of which $82,500 is allocated to new grants and $17,500 is obligated to previously approved grants. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider, alternative land uses, modifications to development standards, and incentives to encourage redevelopment. RECOMMENDA TION: Recommendation for the Collier County CRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program for Fiscal Year 2009, approve the Grant Application process, and approve the form of the Grant Agreement. ,...-..... Prepared by: David L. Jackson on October 14, 2008 Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 1682 October 28,2008 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G2 Recommendation for the Collier County eRA to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program for Fiscal Year 2009. approve the Grant Application process: and approve the form of the Grant Agreement. 10/28/200890000 AM Prepared By David Jackson Community Redevelopment Agency Executive Director Date Bayshore-Gateway Redevelopment 10/15/20089:47:03 AM Approved By David Jackson Community Redevelopment Agency Executive Director Date Bays hare-Gateway Redevelopment 1 0/15/20D8 9:47 AM Approved By Marjorie M. Student. Stirling Assistant County Attorney 10/15/20084:53 PM Date Approved By County Attorney County Attorney Office OMS Coordinator Administrative Services Applications Analyst Date information Technology 10/16/20089:07 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 10/16120084:09 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/2012008 11 :06 AM file://C:\AgendaTest\Export\ 115-0ctober%2028,%202008\ 16.%20CONSENT%20AGEN... 10/22/2008 Agenda Item No. 1682 October 28, 2008 Page 3 of 17 CRA RESOLUTION NO.08- A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; AMENDING THE BA YSHORE GA TEW A Y TRJANGLE SITE IMPROVEMENT GRANT PROGRAM PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2002-38 was adopted by the Board of County Commissioners on July 30, 2002 creating a site improvement grant process for the Bayshore Gateway Triangle Redevelopment Area; and WHEREAS, the Community Redevelopment Agency (CRA) desires to use a portion of the funds in the Redevelopment Trust Fund for site improvement grants to allow the use of tax increment funding for projects 'Within the redevelopment area; and WHEREAS, the site improvement grant process needs to be modified to improve the application process, staff review procedures, type-project funding levels and CRA approval process to better serve the community; and WHEREAS, the CRA desires to clearly specify qualified residential and commercial projects eligible for grant funding. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. Title. The grant program shall be known as the Site Improvement Grant Program for the Bayshore Gateway Triangle Redevelopment Area. SECTION 2. Adoption of the Site Improvement Grant Program as Amended. There is hereby established, created and adopted, in accordance with the provisions of Collier County Ordinance No. 2002-38, a new Site Improvement Grant Process and Grant Agreement Documents for the Bayshore/Gateway Triangle Redevelopment Area, attached hereto as Composite Exhibit A. SECTION 3. Administration by eRA. After the Board of County Commissioners allocates grant funding for the fiscal year, the CRA shall approve grant recipients, grant funding and grant payment upon completion of work. The CRA delegates the administration of the grant program to the Executive Director and Bayshore/Gateway Triangle Local Redevelopment Advisory Board to include, but not be limited to, application process and review, recommendation of recipients, monitoring grant progress, and recommending grant payment upon completion of work. The recipients of any grant 1 of 2 Agenda Item No. 16G2 October 28,2008 Page 4 of 17 funds shall be required to execute an agreement, a part of Composite Exhibit A, in the form approved by the County Attorney's office for legal sufficiency and approved by the CRA. SECTION 4. Replacement Resolution. This resolution replaces and supercedes Resolution Number 06-253, adopted on September 26, 2006. SECTION 5. Severability. If any section or portion of this Resolution proves to be invalid, unlav.ful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect on any other section or part ofthis Resolution. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. This Resolution adopted after motion, second and majority vote this day of , 2008. ATTEST: DWIGHT E. BROCK COMMUNITY Rf:DEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA , Deputy Clerk BY: DONNA FIALA, CHAIRMAN BY: Approved as to Fornl And Legal Sufficiency: 1f' ~arjOrie M. Studen(-St;rling Assistant County Attorney 2 of 2 Agenda Item No. 1682 October 28,2008 Page 5 of 17 Yo IBAYSHORE l GATEWtY I'., ',' -A- II TRIANGLE me 8ijr~t~; ~ I EXHIBIT A I Bayshore Gateway Triangle eRA I CO,,". . ,~ ~., -.-. "., {'; Site Improvement Grant Program The Site Improvement Grant Program (SIG) is a redevelopment initiative funded and administered by lhe Bayshore/Gateway Triangle Community Redevelopment Agency (CRA) as pmtial reimbursement for exterior improvements to buildings for residents and non-profit organizations within the Redevelopment Area. Overview of the Program Tenants and owners of residential and select non-residential properties (see "Applicant Eligibility: Non-Residential Properties" below) located within the CRA boundaries may be eligible to receive SIG funding. The SIG program funds only exterior improvements as a matching grant, requiring applicants to contribute a minimum of 67 percent of total project costs. The maximum dollar award under this program is $8,000. Grantees must perform a minimum of two different improvements to qualify for funding and work must be completed within a year from the date of approval. All improvements must be at least partially visible to the public, either from the public right-of-way or some other highly visible location. Grantees generally receive SIG funds in about 45 days after CRA staff visit the site and review all paperwork to verity grantee eligibility. Applicant Eligibility: Residential Properties The SIG program is designed to primarily be a tool for improvement for residential properties: however, certain propeJ1ies zoned for other uses may be eligible as noted below. Owner-occupied and rental (single-family, duplex, triplex, and quadriplex only) residential property located within the Redevelopment Area may be improved with partial funding from the SIG program. Properties with mobile homes may qualify for Sweat Equity or Landscape Improvement Grant funding. Applicants may submit one application per property per year and may apply for additional funds until they receive a total of $8,000 from the CRA. Once an appl ieant has received $8,000 in SIG funding, that person is ineligible for funding for another SIG for three years but may be eligible for other CRA-backed grants. Applicant Eligibility: Non-Residential Properties The only applicants with non-residential properties who are eligible to receive SIG funds must be affiliated with non-profit entities. Applications for improvements to these kinds of properties must adhere to the same rules as residential applications as noted above (as applicable). Non-residential applicants must have a valid occupational license (as applicable) for their business or organization at the time of application. __._---.- ...__'0 Agenda Item No. 16G2 October 28, 2008 Page 6 of 17 It \BAYSHORE . GAT E W'. Y .~'i' ,ii-\.. TRIANGLE '0 . ,~~ I EXHIBIT Ii Bayshore Gateway Triangle eRA I ':., ir:,. .' . . c.~, ",! i i~<~ NOTE: Double-Dipping between SIG Funds and Sweat Equity Grant Funds "Double Dipping" between SIG and Sweat Equity Grant (SEG) funding is prohibited. Persons who have received SIGs in the past and propenies that have been improved with SIG funds in the past are subject to restrictions on the maximum funding amount they can receive for exterior residential improvements. For SIG recipients who have received less than $8,000 in SIG funds, they are only eligible for more SIG or SEG funds up to $8.000. For SIG recipients who have received $8,000 in SIG funds, they are ineligible for SIG and SEG awards for three years from the date of the most recent disbursement. Conversely, SIG applicants who have received SEG funds in the past three years are only eligible for $8.000 in SIG funding LESS THE AMOUNT RECEIVED THROUGH THE SEG program. Bids for Work For each type of improvement to be funded, applicants must obtain a minimum of two cost estimates, For improvements to be performed by contractors, two official bids by contractors from the list on the Collier County Contractor's Search page, located at http://apps2.colliergov.net/webapps/vision/ConCert/defau It.aspx, are requ ired. B ids from contractors not listed in this database will not be accepted for the SIG program. For "do- it-yourself' projects applicants must provide two official cost estimates with clear identification of vendors (CRA does not reimburse labor costs for "do-it-yourself' improvements). The amount of the grant will be determined by the lowest bid/lowest price estimate for each improvement though grantees may actually use any licensed contractor from the database or any vendor. ANY WORK PERFORMED BY CONTRACTORS NOT LISTED IN ABOVE DATABASE WILL NOT BE ELIGIBLE FOR REIMBURSEMENT. Project Requirements Eligible Activities Only exterior improvements are eligible for funding under this program. All improvements must be at least partially visible to the publ ic, either from the public right- of-way or some other highly visihle location. Eligible improvements must result in one or more of the following: (1) increase the aesthetic appeal of the area; (2) improve the functionality of the premises; (3) remedy structural problems or code violations or (4) aid in business operation. The grant recipient will be reimbursed at a rate of $1 from CRA for every $2 from applicant, up to a maximum award of $8,000 from the CRA. The following are examples of improvements which would be eligible for grant funding. Installation of or repair to: . Stucco . Stormwater . Signs . Doors enhancements . Fencing . Brick or textured . Paint ing . Roofing pavement . Masonry . Any other . Exterior lighting . Shutters improvements subject . Awnings . Electrical work to CRA approval . Windows related to exterior lighting 2 A - \ Agenda Item No. 1682 October 28, 2008 Page 7 of 17 IBAYSHORE GATEW/.Y .,A J,\, TRIANGLE tflf{~:. (EXHIBIT Bayshore Gateway Triangle eRA 1 .':.'V. Ir",ro; )'Ji.:'~'i','l1r ::;,,,:,: L,.' '.'r: ,:';\'.'0 Examples of other improvements which qualify for grant funding include the following: . Removal of deteriorated . Building cleaning (sand materials blasting/pressure washing) . Installation of Old Florida . Enhancement of access (e.g. Style architectural details wheelchair ramps) . Professional design services . Remediation of code violations . Parking lot improvements . Any other improvements subject to CRA approval NOTE: Projects listed below are ineligible for SIG funding. . The removal of architecturally important details; . Installation of aluminum or vinyl siding; . Purchase or installation of statues or fountains; . Landscaping with unapproved vegetation or methods; . Any work by contractors not listed in database; . Property acquisition; . Construction of free-standing buildings (including construction of new rooms to existing structures); . Refinancing of debt; . Landscaping*; . Sweat equity; and . I mprovements commenced prior to executing agreement with CRA. * Applicants wishing to improve landscape are encouraged to apply for the Landscape Improvement Grant. Required Documentation for Reimbursement Grant funds are disbursed after CRA staff verify the improvements are complete (this includes review of certificates of occupancy and/or permits from Collier County as applicable). To receive reimbursement, grantees must prove that payment for work was paid DIRECTLY to ACTIVEL Y LICENSED CONTRACTORS LISTED IN THE ABOVE DATABASE or VENDORS by personal check or credit card in the name of the grantee. Under no circumstance will payment to unlicensed contractors/subcontractors or undocumented vendors be reimbursed. Grantees must provide receipts or invoices with the payment amount indicated clearly. No reimbursement will be disbursed for work paid for with cash. Change Orders and Time Extensions Change Orders to Increase Funding After a SIG agreement is executed, if a grantee discovers or is otherwise informed of flaws in the approved site, a change order may be issued to increase funding not to exceed the maximum award available. Change orders must be requested in time for staff to process the request and secure approval (allow a minimum of one month prior to expiration of grant). IMPORTANT: Change orders cannot be processed within the last " .) Agenda Item No. 16G2 October 28, 2008 Page 8 of 17 A IBAYSHORE GP-TEW; Y ~"{~' .i<' TRIANGLE ~.!} ,~<{. ... ... I EXHIBIT A Bayshore Gateway Triangle eRA I'..!i .,. " ,- P," two weeks of the grant period. Upon successfully completing work under the original SIG, grantees must wait one year and may then apply for additional funding for work unrelated to the original project[ s]. Time Extensions The eRA understands that redevelopment projects can take more time to complete than is originally anticipated. For grantees who cannot complete their projects within one year, time extensions may be granted. Grantees needing extensions must request the extension within two months of grant expiration. No extensions can be granted within the last two weeks of the grant period. IMPORTANT: Grantees must verify that some activities associated with the improvements have been performed at least six months after execution of the agreement. 4 Agenda Item No. 16G2 October 28,2008 Page 9 of 17 I It IBAYSHORE c\ GATEW,'Y .f':;,. "., TRIANGLE I~'u" '~" ... .. .._.~...- I EXHIBIT A I Bayshore Gateway Triangle eRA I :",t,,, II" ,,"""'"H"i)"\ ,::",.," "lk;-",y'IG" t'.,'\);.)I"::!" Appendix A: eRA Map & Funding Summary Map: Location of Bay shore Gateway Triangle eRA Location of CRA within Collier County CRA Close-Up CRMe ~~--~----~,~ I I"", , z rJ.# ~ ... IMUOKAlEE RO f ~ , - - ~ ~ . ~ ~ IT!> ~ ~ . N + o i .;;< ,f'1t US., , + , "& . " ._~- {1'~, C] eRA Boundary - Major CRA Roads Water Bodies _CRA Roads Collier County eRA L i ___-1- Appendix-I Agenda Item No. 1682 October 28, 2008 Page 10 of 17 A IBAYSHORE GA.TEwrY .,"h;..,;.\ TRIANGLE ;:n' ~., . . I EXHIBIT - A-I Bayshore Gateway Triangle eRA I ,:;0:': :cr .," / 'J;:': G'~'1\ ,', ~,;.: ::::>'''1 SIG App IcatlOn (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone I Alternate Phone I E-Mail Address Do you own or lease the property? I r Pro' ect Information Describe the existin conditions of the site (attach additional sheets if necessary). Outline the ro osed im rovements in detail (attach additional sheets ifnecessarv). REQUIRED A TT ACHMENTS FROM APPLICANT: 1) Om.' estimate each from T\VO contractors/H'lIdoJ's for each project. These contractors MUST be listed in the online database htt ://a). s"" .coll ierl!.ov .net/weha ) )s/vision/C{)nCC11/dej~1l11t.as)X 2) Non-Residential Applicants: copy of occupational license. CRA STAFF: 1) Attach two color photos of each project to be performed. 2) Attach Property Appraiser ID. 1) Estimated cost of improvements: $ 2) Maximum grant award: $ Agenda Item No. 1682 October 28,2008 Page 11 of 17 ., IBAYSHORE \ GATEW:Y i,';;.'.f' t", T R I A N G L E ~ ,~," . \EXHIBIT_A-I Bayshore Gateway Triangle eRA I ~~;:9 ,rc,;:'CU'h,"1f)n, :c.,'ar:, h(;;:':::!!II/! Lessor / Owner Authorization for Improvements I, . owner of the property located at , understand that , who has a valid lease for the above listed property, has applied for a Site Improvement Grant. I authorize said tenant to complete the improvements listed in the Site 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 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: 2 Agenda Item No. 16G2 October 28,2008 Page 12 of 17 .A IBAYSHORE i' GATEWf Y .";!;, ,., TRIANGLE ~n'" . ..J~(<'" L. ,................_,~. .. EXHIBIT -It Bayshore Gateway Triangle eRA I ~;"S 'fr', .1''' ,"',":,,: "f{fC' r,r,,":..:'" Applicant Commitment of Resources I / we, property located at , owner(s) / tenant(s) of the ._' have the funding and ability 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 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 Ten ant (if leased) Date Signature of Tenant (if leased) (if jointly leased) Date Signature of Owner Date Signature of Owner (if jointly owned) Date 3 Agenda Item No. 16G2 IlL I October 28,2008 EXHIBIT_l'T_. L1tLe~gtr~lr7 Bayshore Gateway Triangle eRA I S'U~ ~"r:",r":'~",()!-; ";",Ii" """(l':"! S'nnn,,;r',' i~ p,.,:,'""m! R""ur's, Grantee Project Summary & Evaluation (attach additional sheets as necessary) Pro.iect Summary Describe the improvements vou made. List all vendors / contractors providing materials or services for this project with contact information. Vendor / Service Provider Phone Number or Address or Web site Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site visit must be attached to this report. Agenda Item No. 16G2 October 28, 2008 Page 14of17 ., IBAYSHORE ... GAT E W' Y """" l j,'" TRIANGLE . . .~n:. -'~<::' ...... ,........'n....~ 01._.'" ..- I EXHIBIT -It Bayshore Gateway Triangle eRA I '~';;' ..p.'.-:.. .....1'.'.' ',.;': P",: :".'" .0.,;,"',. '.. ,'..;. . d" '<!< :.",.~: 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 Site Improvement Grant program: Improvement Cost I : Total I hereby confirm that all items listed above have been completed as outlined in the Site Improvement Grant application submitted to the eRA 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 0 f .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: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATIACHlNG THE FOLLOWING: (1) VENDOR/CONTRACTOR INVOICE / RECEIPT ~ (2) COpy OF CANCELLED CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. 2 Agenda Item No. 16G2 October 28, 2008 Page 15 of 17 I EXHIBIT fr GRANT AGREEMENT BETWEEN CRA AND GRANTEE FOR SITE IMPROVEMENTS FOR BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ENTERED this day of , _ by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with Grantees for CRA grants; and WHEREAS, Grantee has applied for a Site Improvement Grant in the amount of dollars; and WHEREAS, the CRA has determined that Grantee meets the eligibility requirements and was approved for a grant award in the amount of dollars on , ("CRA Approval"), which is % of the costs to construct the site improvements. 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 Collier County Community Redevelopment Agency Site Improvement Grant Program Information and Application (hereinafter referred to as "Grant Program"), that Grantee has read the Grant Program, and that Grantee has had ample opportunity to discuss the Grant Program with Grantee's counselor advisor. Grantee further acknowledges to the CRA that Grantee understands and agrees to abide by all of the terms and conditions of the Grant Program. 2. Grantee is the record owner / tenant of property described as 3. Grantee has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference. 4. Grantee agrees to complete the construction of the Site Improvements within one (1) year ofCRA approval. Grantee also agrees to fund at least 67% of the costs of the site improvements. Grantee is prohibited from paying contractors and/or vendors with cash; all payments for approved projects must be in the form of a check or credit card drawing on funds from Grantee's accounts. Site Improvement Grant Agreement FY 2009 Agenda Item No. 16G2 October 28,2008 Page16of17 I EXHIBIT A 5. CRA has approved a grant to Grantee in the amount of $ to be administered pursuant to the terms of this Agreement based on an estimated cost of $ I f the actual costs are less than the estimated costs to construct the site improvements and less than $24,000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Lnless 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 Site Improvements and no Grantee, or any immediate relative of Grantee, shall receive compensation for labor for the construction of the site 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-Ia\v and sister-in-law. Grantee has verified that all contractors who have provided bids for the approved work are actively licensed by Collier County. Grantee acknowledges that the total grant award shall not exceed the sum of lowest bids/price quotes for all projects. Grant funds for work performed by contractors shall only be disbursed upon verification that said contractors are actively licensed by Collier County. 7. Grantee agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Grantee shall submit to the CRA staff a project summary report, two (2) 8 inch by 10 inch photos of the project after improvements are completed, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the eRA staff. The CRA, through its staff, shall confirm that the site improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the site improvements were constructed pursuant to the terms of the approved appl ication, Grantee shall be issued a check in the amount of the grant. However, if Grantee fails to make the improvements pursuant to the terms of the approved appJication, or if the project is not completed within one (J) year ofCRA approval, or if Grantee fails to fund at least 67% of the cost of the Site Improvements, the grant shall be deemed automatically revoked and Grantee shall be entitled to no funding. 9. of FJorida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement 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. 11. This Agreement is personal to Grantee, and may not be assigned or transferred by Grantee or to Grantee's respective heirs, personal representatives, sllccessors or assigns without the prior written consent of the CRA. Site Improvement Grant Agreement FY 2009 2 \ EXHIBIT IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. A Agenda Item No. 1682 October 28.2008 Page 17 of 17 GRANTEE: (1) Witness Signature By: Printedrfyped Name Printedrryped Name (2) Witness Signature By: Printedrfyped Name Printedrfyped Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Marjorie Student-Stirling Assistant County Attorney Site Improvement Grant Agreement FY 2009 3