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Resolution 2010-052 (CRA) CRA RESOLUTION NO 10 - 52- A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM PROVIDING FOR CHANGES TO THE POLICIES DOCUMENT, APPLICATION AND RECIPIENT AGREEMENT. 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 adopted ordinance No. 2008-40 amending 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, on December 2, 2008 the CRA, acting on behalf of the BCC, adopted resolution 2008-349 amending ordinance No. 2008-40 to include the following forms in the Fayade Grant program for the Immokalee Community Redevelopment agency: 1. Fayade Grant Application 2. Fayade Grant Recipient Agreement 3. Lessee Agreement 4. Applicant Commitment of Resources Form 5. Project Summary and Evaluation Form 6. Payment Request Form WHEREAS, on March 10, 2009 the BCC adopted Ordinance No. 2009-10 to correct a scrivener's error in the Commercial Fayade Grant Program Policies and Procedures document; and, WHEREAS, the Immokalee CRA desires to make various changes as depicted in the strikethrough/underline versions of the following Commercial Fayade Grant Program documents: 1. Fayade Grant Program Policies and Procedures Document (attached hereto as Exhibit B) 2. Fayade Grant Application (attached hereto as Exhibit C) 3. Fayade Program Recipient Agreement (attached hereto as Exhibit D); and NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that: - 1- SECTION 1 Adoption. The Commercial Fayade Improvement Grant Program Policies and Procedures Document (Exhibit B), with Program Application (Exhibit C) and Recipient Agreement (Exhibit D) 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 BCC 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 CRA 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. The recipients of any grant funds shall be required to execute the attached Grant Recipient Agreement (attached hereto as Exhibit D). 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. This Resolution adopted after motion second and majority vote this I {) I '. day of tI au'" 20.E.... A nEST: DWIGHT'E BROCK:,: BY~ ~ at "'."-HII. ,tent.,.'..- Approved as to Form and Legal Sufficiency COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA BY: JI \)~'"D~ Jennifer B. White Assistant County Attorney - 2- ColUer County Community Redevelopment Agency IMMOKALEE eRA i The Place to Call Home' Exhibit B Commercial Facade Improvement Program Policies and Procedures ~oo Revised. February 2010 310 Alachua Street Immokalee. FL 34142 Exhibit B Section 2 -Community Redevelonment Al'ea Boundal'les The Immokalee Urban Designated Area Boundaries are reflected on the map attached. Section 3 - Elhdble Expenses I. Facade improvements to commercial structures, such as storefronts, display windows, painting (in cOluunction with other improvements), and exterior architectural 01' security lighting. 2. Removal of elemcnts that covel' original architectural design and details. 3. Signage. 4. Addition and/or replacement of awnings/doors/windows. 5. Overall replacement of architectural elements such as columns and arched windows that have structural deficiencies. 6. Painting, as pat1 of a more comprehensivc improvemcnt projcct. 7. New stucco and stucco bands. 8. Electrical work directly related to the exterior of the building or the installation of approved signage. 9. Prefc9sienel Design allEl sagillserillg services rcquired to producc color rendering related to stmctural rcnovation, new construction and/or signage. 10. Landscaping and i1'l'igation (subject to approval of a Landscape Plan). 1]. Demolition required to facilitate approved facade improvements. 12. l,lifi)'l soffit and fascia, as part of more extcnsive project improvements. 13. Roof improvcments. as pal1 of more extensive proiect improvements. 14. Improvements that enhance access, such as handicapped ramps and sidewalks. 15. Decorative fencing. 16. Improvements to parking facilities, as part of more extensive pl'oiect improvements. 17. Storm water cnhancements. 18. Statues and fOlUltains. 19. PCl'mittinll fees. 20. Repairs IJerformed to correct Code violations. Section 4 - Inclll!ible Exnenscs Physical 01' visual removal of architecturally important features. Installation of aluminum or vinyl siding. Painting, when not associated with other improvements. PerHlittiHg fees. Any labor performed by a non-licensed contractor. Improvements constl1lcted prior to execution of final agreement with the CRA. Routine maintenance activities that are part of nOl'lnol property ownership. Repairs perfenneEl te eerreet CeEle-Yielatiens. Improvements to a property that has any judgment licns, is nol currcnt on all mortgage and tax obligations, and has any Code violations. -W,j!" New constl1lction. +h~ Renovations to properties that are exclusively residential. .J+. 10. Renovations to properties that have illcl!al non-conforming uses. ~Jl, Interior renovations. I. 2. 3. 4. ,),-.4., &'2, f...Q" 8. f).,.L 2 Exhibit B Scctloll 7 - ApllIlcation Pl'occdlll'es Mandatol'v PI'e-AnpIIcation Meethll! CRA staff will review thc applicant's conceptual plans in an informal settil1lz. includinl! discussion of the eligibility criteria. Program reQuirements. proposed Ilroiect schedulinl!. and consistencv of the Ilroposal with the intent of the Prollram. At this stalle. staff can offer assistance with the comllletion of the al>lllication form and Ill'ovide limited technical and architecturallZuidance on the Ilroiect ll1'oposal. At the conclusion of the pre-applicationmeetinl!. staffwillllrovide the aplllicant with a lZeneral determination as to whether the Ilroposcd Ilroiect is likelv to Qualifv to receive Prollram funds and whethcr the applicant is sufficicntlv Ilreparcd to move on to the application stage. RCQuil'cd Snbmisslons Items reQuired for submission include: I. A completed and sil!ned application form. 2, At least four 4" by 6" color photol!raphs of the existing buildinlZ exterior. showinlZ all sides of the buildinlZ. with emphasis on the area to be imoroved. 3, Color renderinlZs or conceptual drawinlZs of the oroject when comoleted. 4. Two bids from licensed contractors detailhuz the followinli!: a. Dcscription ofthe materials to be used and the constmction procedure: and. b. Itemized cost estimate of the oroiect. 5. A lelZal description of the Ilropertv. 6. Proof ofllropertv ownership and. if a tenant. a coov of the lease. 7, If the properlY is leased. the property owner must also be a party to the grant aoplication and grant alZreement. 8. Documentation from all lendinlZ institutions veritVinl! all mortlZal!e pavments on the prOllertv are current and that the lendinl! institutions will Ilrovide uodated information UllonreQuest bv the eRA, CRA Executive Director. 01' dcsil!nee. 9. Documentation indicating that all property tax payments are CUlTent, 10. Proof of property insurance. Documentation of ApllIlcant's ReQuh'ed Match The aOlllicant will be reQuired to doculllcnt the type and source of the matching funds on thc allolicution submittcd to the CRA. Verification of the funding sOlll'ces will be reQuired before final approval of the l!rant allplication. t.t the discretion of the CRA Executive Director 01' desilmee. 01' the CRA. stl'llctural rellairs directlv related to the buildinlZ's facade that were comoleted within six months Ilrior to the date of the lZrant apolication MA Y be uscd as part 01' all ofthe applicant's rCQuired match. A propcrty owncr 01' tcnant 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 Rcdevclopmcnt Agcncy 3 I 0 Alachua Strcct Immokalee, FL 34142 4 Exhibit B II. ltelliii1led eset estilllllle sf the pl'Ojeet. ), ,A. legal deseriJltisR sfthe JlI'speRY. 6. Pl'ssfsfpreJlerly s'lmershiJl alld, if a tenant, a espy Bfthe lease, 7. If the JlrBJlerly is leased, the property eViller RllIst ales lie a pllrt)' ts the grellt aJlJllielllisll antI gl'ant agreement, 8, DoeUlHenlatiBR frsm all lelldillg iRstitutialls YBl'ifyillg all Illsrtgage pa)'1l1ellts Sll the prsJlel>!)' afB elil'I'Bllt aRd lhlll the lelldillg illstitutislls will prs'lide up dilled inferlllatisR ~BlH'eljtIest lly the CRf., CRA Exeeutj>,'e DifBetal', 01' desigll_ 9, DseullleRlllliall illdielltillg that all JlrsJlel.ty taK Jl~'mentB are eurren!. 19, Prsaf of prspelty inslu'flRee. ApllllclItlon Appl'ovlIl Projects will be fill".vaNled ta the CR:\ ,^.dvissry BaliI'd with a reeSnlRleRBlItieR frsm CRA staff fal' fUlldillg !IJlpro'lal sr dellial. reviewed by the CRA Executive Director and the CRA Advisory Board. Proiect applications will then be sent to the Countv Attorney's Office for lellal review prior to beinll I>Iaced on the CRA Board allenda for final flllldinll al>proval. Whether apl>roved 01' denied, all al>olicants will receive written notification of their al>plication status after the CRA Board meetinll. ....11 !IJlpli9flRls willreeei'le writteR Rslifielll19R regaffiing apJll'9yal sr denial sf their applieatielr. If an aJlJllieant'e prsp9sal ie approved by the CRI'. the applicant will receive written notification af-tIlB--flPprevaI in the form of a Notice to Proceed which will include a funding agreement l:istiflg ruini the amount of matching funds thai are approved. DselllReRtatlon sf I.JlJllleaRt'51~elJlIl.ell Malek The RJlplieaRt will lie reEl\lired ts dseullleRt the tYJle alld ssmee sf tile matelling alllde sn the applieatisn s\lllmilled ts the CR."'. VeriHeatisn sf the f\lnding e9urees ""ill lie required llefore HRal aJlprsvlI1 sf the gfllllt apJllielltisJ1. I'.t the disBfelien Bf thu CR:\ BKeeuth'e Direel9r 91' designee, sr the CRA, struetural repairs E1irestly relaleElte the 1111i1diRg'S faeade thaI were eSll1pleted withill si)( Illsnths prisr Is the date efthe grllnt applieatien Mf.Y he \lsed as part er IIl1efthe applieaRt'sreEluired mllleh. Constrllctlon Start After the grant agreement has been executed, the applicant may award the constl'llction contract and secure all necessary constl'llction permits. The owner/tenant must issllc a "Notice to Proceed" to the contractor and apply for a building permit within 60 days of executing the grant agreement. Constl'llction must begin within 90 days of cxecution of the grant agreement and be completcd within 12 months of the execution of the grant agreement. Extensions may be granted at the discretion of the eRA Executive Director or designee, contingent upon Ihe applicant's demonstrating just cause for such an extension. Modi ficalions to the approvcd final plans or changcs to thc constl'llction documents, which produce visiblc diffcrcnces 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 providcd bclow, thc disbursed funds shall becomc immcdiatcly due and payable to thc CRA. 6 Exhibit B · Lessor/Owner Authorization for Improvcments Form. if applicable · Applicant Commitment ofResourees form atonS! with verification of match illS! fund sOll1'ce (bank statement, loall as!reement) · Bcforc photos highlightilll! existing conditions (eRA StaID StaS!e 3: Proiect Completion Meetinl! · Proiect Summary and Evaluation RCpol1 . Pavment ReQuest form · Collier County buildinl! permit · Payment verification · Final Collicr County inslJection vcrifications · After photos hil!hlil!htinl! conlJJleted impl'Ovements (CRA StaID Scction 8 - Disclosures The CRA expressly reserves the right to reject any 01' all applications or to request additional information from any or all applicants. The CRA retains the right to amend the pl'Ogram guidelines and application procedures without notice. The CRA also retains the right to display and advertise properties that receivc grant funding. Section 9 - Contact Infol'lllRtlon Questions on how to complete the application or on the viability of a proposed project should be directed to CRA staff at 239.252.mG 5549 or 2313. 8 Exhibit C Date of Application: IMMOKAlEE C RA Co'lerCounlvColl1tnunily . Rede\letoplMll1 A9PH<V Immokalee eRA I CO!lHllord;ll Fil(Jildc ImpfoVt'1l1Cili-htillltAI>;;ri<:aUotl ~Qmmel'cia! FlI~a_cLe_Ql'lInt Al!P!!c_aJion <:!'!.etaelt-a"~'"_l>tHiH"{;_~of!}~ Applicant Infol'lnation Grantee NtllllC ~qJ]~ Gral1tccLSit~ Address ,,,i1~ A,!<lfess Daytimc Phonc Alternate Phone E-Mail Address Doyo\lown or leaseill~ prope;IY~[=- ---~-l~~;::~,~~cense NO~ T _=--- Authorized Representative Sigl]!\J~I-~; I>l"Oject Infol'mation -, -_._-----------~----_..._--_._~ _._.~----,.._----- Dcscribe the existing conditions of the site (attach additional sheets if necessarv), ---'--- . . ._________._'''.________________M_.._______._______.___._.. _ ...."'-____________._ ______ Outlinc thc proposed improvemcnts in detail (attach additional s.!Jects ifncccssa!y).._.___ ---- r ,isl Approvcd Contract91's and AI!lount~, , REQlIl/Um ATTACIIMENTS mOM Ai'pI.ICANT: - -. - - --_.- I) ()ne t'stinwtc each from T\VO COlltl'.lclol~ ful' c,l('1I pi oJcd. 'I hcsc conll;li..:loIS Mt~ lJe 11~";:d 1II11J~ onl!ll(; d<ll"I)<l'e~II(.elt/(II'r.l~ 2) Uushu.'ss ()wlIl'rs: rOI'Y Hf l)u'lIp<llilJllalllt.,~.Il'l., eRA STAFF: I) Attach fwo l'ulul' phofos of l'i1ch IJl'Ujcct If) he lJcrfol'lI1ctl, 2) Attach Propel'l)' A"pl'llisel' 10. )':stimatcd cost HI' improvements: ~laximllm grant awa.'II: $___ S -------" Exhibit D COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT THIS AGREEMENT ENTERED this __ day of _~ between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and (hereinafter referred to as "GRANTEE"). ,_by and (CRA) (Immokalee) (comoanv) WITNES SETH: 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 administcr 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 eRA 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 propelty values within the CRA while revitalizing the overall appearance of the Immokalee Area; and . WHEREAS, GRANTEE has applied for a fayade grant in the amount of dollars; and WHEREAS, the CRA has determined 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: ]. 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 Payade Program with GRANTEE'S counselor advisor. GRANTEE fmther 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 Fayade Program attached hereto as Exhibit A and incorporatcd herein by reference. -1- Exhibit D 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 palty to be charged. 10. This Agreemcnt is personal to GRANTEE, and may not be assigncd or transfen'ed by GRANTER or to GRANTEE'S respcctive hcirs, personal representatives, successors or assigns without the prior written consent of the CRA. IN WITNESS WHEREOF, thc p81ties have executed this Agreement on the date and year first written above. GRANTEE(s): (I) Witness Signature By: PrintedlTyped Name Printed/Typed Name. Title and Comnanv (2)_~__ Witness Signature By: Printed/Typed Name PrintedlTyped Name ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk JIM COLBTT.^., Chairman Approved as to form and legal sufficiency: J.IfKlatzlww County Attorney ~s Qj'!i". This Agl'eement is to be signed and witnessed AFTER eRA staff has fOllnd tbe application to be complete, - 3-