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02/02/2009COMMUNITY REDEVELOPMENT AGENCY AGENDA Location: Council Chambers - City Hall Date: 2/2/2009- 1:00 PM 1. Call to Order 2. Approval of Minutes 2.1 Approve the minutes of the December 15, 2008 CRA meeting as submitted in written summation by the City Clerk. 1B Attachments 3. CRA Items 3.1 Approve the East Gateway District Fagade and Building Lot Improvement Program and authorize CRA staff to implement the program. 1B Attachments 4. Other Business 5. Adjourn l Community Redevelopment Agency Agenda Council Chambers - City Hall Meeting Date:2/2/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the December 15, 2008 CRA meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 1 Attachment number 1 Page 1 of 2 COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES CITY OF CLEARWATER December 15, 2008 Unapproved Present: Frank Hibbard Carlen Petersen John Doran George N. Cretekos Paul Gibson Also present: William B Pamela K. Akin Cynthia E. Gou Rosemarie Call Chair/CRA Trustee CRA CRA CRA Trustee City Manager Assistant City Mana Assistant City Manag City Attorney City Clerk ManagemfdW The Chair called the meeting to order To provide continuity for research, i necessarily discussed in that ordeJ-ggM 2 -Approval of Minutes the minutes of-the Community ber 3, 2008, as recorded and submitted in LTrustee. The motion was duly seconded e Community Redevelopment Agency and City Council entered into an reement to use tax increment financing to provide for additional police pWF) ond current activity levels in the East Gateway. The Tax Increment Financinion ofthe Clearwater Downtown Redevelopment Plan should be revised to recognize that TIF will be used as a source of funding for additional community policing innovations. Proposed Ordinance No. 8014-09 contains five amendments that primarily address the issue of community policing innovations. A new policy supporting the Community Redevelopment Agency Item # 1 Attachment number 1 Page 2 of 2 continuation of community policing innovations is proposed in Chapter 3 Land Use/Redevelopment Plan. In Chapter 4 Plan Implementation, community policing is proposed as a public strategy. Additionally, a description of the community policing innovations is proposed to be added in this chapter, as well as a provision specifying that the innovations may be funded with TIF. One other minor amendment proposed in Ordinance No. 8014-09 expands a public strategy to support Downtown as a location for a performing arts theater. At its meeting on November 18, 2008, the Community reviewed and recommended approval of the proposed amen Downtown Redevelopment Plan with one minor editorial revi incorporated into Ordinance 8014-09. The Board also had a I regarding the importance of foot patrols within the Downtown a Council be apprised of the Board's support for the use of such The CRA has the authority and responsibility to make a recom Plan to the City Council. The Council has the authority for the final amendments. Trustee Doran moved to recommend relating to community policing and performir Redevelopment Plan. The motion was dul? funds could not be used for general services that Florida Statues does not state homeless Chair Community Redevelopment Agency City Clerk Community Redevelopment Agency 2tem # 1 l Community Redevelopment Agency Agenda Council Chambers - City Hall Meeting Date:2/2/2009 SUBJECT / RECOMMENDATION: Approve the East Gateway District Faqade and Building Lot Improvement Program and authorize CRA staff to implement the program. SUMMARY: The proposed East Gateway District Faqade and Building Lot Improvement Program provides incentives for private reinvestment within the district's aging commercial corridors as a way to enhance the physical environment and, in turn, the economic and social viability of the area. An attractive environment draws the attention of customers-old and new-who associate quality of place with the quality of products and services offered. Surrounding residential areas would also reap benefits from a more viable commercial district. Two forms of program assistance are offered: 1) Conceptual Design Services: Design services by Florida licensed, City-approved architects/engineers are available to assist an eligible property owner in creating a conceptual design of their improvement project (a grant paid by the CRA up to $4,000); and 2) Project Funding Assistance will be available to an eligible property owner to offset eligible project improvement costs. Funding for improvements is through a zero-interest loan that may convert to a grant over the five-year loan term using Community Development Block Grant (CDBG) funds. The maximum loan amount per commercial property is $35,000, provided the property owner applies private funds for eligible project costs representing at least 20% of the loan amount. The program defines eligible properties, property owners and improvement projects. Generally, the applicant must be the property owner and properties must be commercial in use and located on Gulf-to-Bay Boulevard or Cleveland Street within the East Gateway District. Improvements include the construction, installation, or renovation of windows, doors, awnings, porches, arcades, painting, pavement, and other faqade and property improvements. Funding for the program is derived from CRA East Gateway line item (conceptual design services and landscaping) and U.S. Department of Housing and Urban Development (HUD) CDBG funds (detailed design services and project construction). Funds are available on a first-come, first-serve basis for those projects that meet the minimum point system and outlined criteria. A grant agreement will be required for the continued maintenance of the improvements. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Appropration Code Amount 0388-94849 $20,000 0687-00000-128165-000- $75,000 0000 Budget Adjustment: No Annual Operating Cost: Total Cost: $95,000 Appropriation Comment Review 1) Office of Management and Budget 2) Legal 3) City Manager 4) Office of Management and Budget 5) Legal 6) City Manager 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) Clerk 12) City Approval: Manager 13) Clerk Cover Memo Item # 2 E O o o cm o 0 -13 p o o p o 0 C13 m a p C Ln O Lr3 ss 0 Lr3 ue Lr3 C13 E - o CV CV Ef3 Lr3 s .} ss ? ? as C00} C m a C3 c3- ED ? y C= S S m V] m y m > m y U p] y ? y y m m rr j m U o y on y on y o? C13 C - E ED ED L o cu '- ° C 3 m E C13 C-3 - cu -M C13 m C3 a C13 C13 v ::- o m E U ° s E ED U O m C= m p - ' S S m CU • m m m y O] E G U i ? U i m C C m ? m c3 C S ED L 3 C3 s C3 d O . 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C3 U O L C13 m C13 m C13 Li a Q c3- m C3 m L.3 C13 C.b ] m m a > > U C o, E m m -n L L O m U C O y L y C13 O .] C3 L a L V, L -M a L m = C13 m U a o m m C3 m Cm CU E >> m m a L d m m ' L Q L] - p m E m r? o o? m a > C m r- p L m E p m J O C CU CU LM L E5 - E CU L.3 -M CU ° o IL3 o L.3 C13 C13 > > C O E ED o s s C= C3 L m - U L E E m o L L o L y a _U p w p U o? CU o C3 E > r E . y U m m a ? d .. L p -O .] m CL3 CO a L 3 ] ro m c3 p 0- C3 C--3 C--3 C,,3 . .5 r L - E cu o C13 o = ¢ _ m CU els 0- ca- Attachment number 2 Page 1 of 34 PROGRAM GUIDELINES FACADE & BUILDING LOT IMPROVEMENT PROGRAM EAST GATEWAY DISTRICT CITY OF CLEARWATER & CLEARWATER COMMUNITY REDEVELOPMENT AGENCY JANUARY 20, 2009 Item # 2 Attachment number 2 Page 2 of 34 DRAFT Item # 2 Attachment number 2 DRAFT January 20, 2009 Dear East Gateway Property Owner: 112 S. Osceola Street Clearwater, Florida 33756 Phone: (727) 562-4026 www.myclearwater.com Thank you for your interest in the East Gateway District Facade & Building Lot Improvement Program. The purpose of the program is to assist East Gateway District commercial property owners in improving the appearance of building exteriors and building sites that are highly visible from major streets. The program's primary goal is to stimulate further investment in the district by transforming the look and feel of commercial corridors. The program offers two forms of assistance to eligible property owners: Conceptual Design Services. Professional designers are available through the City to help design improvement projects. Starting with the property owner's ideas, a designer will apply technical skills and knowledge of City regulations to create a design that meets program objectives, as well as the project budget. Depending upon the scale and character of the project, up to $4,000 in funding is available for eligible project design services. Project Funding Assistance. To help offset eligible project costs (e.g., architectural drawings, site plan, construction plans, permits, building materials and construction services), up to $35,000 in "loan-to-grant" funds are available to a property owner that contributes private funds equal to or greater than 20 percent of the established loan amount. If a property owner meets all program requirements, the zero-interest loan will transition to a grant over a five-year period. The attached East Gateway District Facade & Building Lot Improvement Program Guide provides further details on program, including the information on the application and approval process. Please note that all required City approvals must be obtained before beginning work on your improvement project or program funding may be voided. Thank you for continued investment in the East Gateway District. Working together, we can restore prosperity and livability in this important Downtown neighborhood. Sincerely, Geraldine Campos Lopez, Director Economic Development and Housing Department Item # 2 Attachment number 2 Page 4 of 34 DRAFT [This page intentionally left blank.] Item # 2 Attachment number 2 Page 5 of 34 DRAFT PROGRAM GUIDELINES EAST GATEWAY DISTRICT FACADE & BUILDING LOT IMPROVEMENT PROGRAM TABLE OF CONTENTS 1. PROGRAM OVERVIEW .................................................................................................... 1 2. PROGRAM ASSISTANCE ................................................................................................. 2 A. Design Services ..................................................................................................................................... 2 B. Project Funding ..................................................................................................................................... 3 3. PROGRAM ELIGIBILITY ................................................................................................... 4 A. Eligible Properties & Property Owners ............................................................................................... 4 B. Eligible Projects ...................................................................................................................................... 4 4. APPLICATION PROCESS ................................................................................................. 5 A. Application Submittals & Review ....................................................................................................... 5 B. Proof of Financial Feasibility ................................................................................................................ 6 5. CONSTRUCTION PROCESS .............................................................................................. 7 A. Eligible Contractors .............................................................................................................................. 7 B. Timely Performance .............................................................................................................................. 7 C. Davis-Bacon Act Labor Standards .................................................................................................... 7 D. Debarment Check ............................................................................................................................... 8 E. Permit Requirement .............................................................................................................................. 8 F. Inspection ............................................................................................................................................... 8 6. DISBURSEMENT OF LOAN PROCEEDS .............................................................................. 8 7. ADDITIONAL REQUIREMENTS .......................................................................................... 9 A. Maintenance ........................................................................................................................................ 9 B. Alterations .............................................................................................................................................. 9 C. Loan Forgiveness .................................................................................................................................. 9 D. Equal Employment Opportunity ........................................................................................................ 9 E. Records ................................................................................................................................................... 9 F. Civil Rights ............................................................................................................................................... 9 G. Displacement of Tenants .................................................................................................................... 9 Figures Figure 1 East Gateway District Map East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 IteFTBV2 Attachment number 2 Page 6 of 34 DRAFT Exhibits Exhibit A Program Application Part I (Design Services) Exhibit B Program Application Part 11 (Funding Assistance) Exhibit C Program Steps Exhibit D Loan Agreement East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteing# Q T N N N N W r LL. Q E N L Q L n E Q L Ca C ?m W E O Ca C T N N N N W r LL. Q v Q 4- 0 4- Q N E N L Q L n E Q L Ca C ?m W E O Ca C Attachment number 2 Page 9 of 34 DRAFT In 2006, the City of Clearwater Community Redevelopment Agency (CRA) initiated a community-based planning effort for the revitalization of the East Gateway District, a declining downtown neighborhood. The 176-acre East Gateway District is located on the eastern side of downtown between Missouri Avenue and Highland Avenue and Court Street and Drew Street (see Figure 1). The planning effort culminated in the CRA approved East Gateway District Five-Year Action Program. The Action Program contains a series of action items oriented to the following goals: EAST GATEWAY DISTRICT FIVE-YEAR ACTION PROGRAM GOALS • To engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; • To achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; • To establish a unique and positive identity that instills neighborhood pride and sense of ownership; and • To revitalize the neighborhood to attract reinvestment in private property. Because strong commercial districts have a stabilizing influence on neighborhoods, the CRA established the East Gateway District Fagade & Building Lot Improvement Program (Program). The program provides incentives for private reinvestment within East Gateway's aging commercial corridors as a way to enhance the physical environment and, in turn, the economic and social viability of the area. Improvements to a single building in a run-down commercial district can strengthen commitment to and belief in the district's future, influencing other property owners to do the same. A more attractive environment draws the attention of customers-old and new-who associate quality of place with the quality of products and services offered. Surrounding residential areas also reap benefits from more viable commercial districts. EAST GATEWAY DISTRICT FACADE & BUILDING LOT IMPROVEMENT PROGRAM OBJECTIVES • Stabilize existing businesses and stimulate new business activity by improving the overall visual quality of existing buildings. • Improve the view from the street by focusing on improvements most visible to customers, neighboring merchants and residents, and pass-by traffic. • Establish a positive neighborhood image and a ''sense of place" that are vital to the economic revitalization of the area. • Promote green building and Crime Prevention through Environmental Design (CPTED) techniques applicable to building facade and site design. • Leverage City funds for neighborhood revitalization and economic development by encouraging private investment in facade and building lot improvements. Funding for the program is derived from U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds and CRA Tax Increment Financing funds. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4f mt#IQ Attachment number 2 Page 10 of 34 DRAFT These Program Guidelines represent the intent of the CRA to implement the East Gateway District Facade and Building Lot Improvement Program. The CRA may amend the Program Guidelines from time to time in order to accommodate new or changing laws or policies and procedures applicable to the program. Conceptual Design Services. Design services by Florida licensed, CRA-approved architects/engineers are available to assist an eligible property owner in creating a conceptual design of their improvement project. Project Funding Assistance. Funding assistance is available to an eligible property owner to offset eligible project costs. Funding is through a zero-interest loan that may convert to a grant over the five-year loan term. The maximum loan amount per commercial property is $35,000, provided the property owner applies private funds for eligible project costs representing at least 20% of the loan amount. A. DESIGN SERVICES Prior to the issuance of a loan commitment to the property owner, the Program Committee must accept the conceptual design and preliminary cost estimate for the property owner's improvement project. The Program Committee is comprised of City Economic Development & Housing and Planning department staffs. A CRA-approved design firm of the property owner's choosing will develop the conceptual design and cost estimate. Design services are available for a 60-day period beginning on the date the property owner is notified that the application has been accepted by the Economic Development & Housing Director (Director) and Executive Director of the CRA (Executive Director). The following services are included under the design assistance part of the program: • Existing Conditions Analysis. Site visit and photo inventory of building/site and surrounding properties. • Design Consultation #1. One-hour meeting with the property owner, designer and the Program Committee to discuss project needs, preferences and budget. During the consultation, the property owner will receive professional guidance on suitable designs. Draft Conceptual Design. Graphic representations of ideas generated at Design Consultation #1 are developed by the designer, taking into consideration building mass, scale, rhythm, spacing and other physical characteristics, building site and surroundings. The conceptual design must be consistent with the Clearwater Downtown Redevelopment Plan and Downtown Design Guidelines (myclearwater.com/gov/depts/planning/divisions/Lrp/an/plans/downtown-plan/ index.asp). • Design Consultation #2. One-hour meeting with the applicant, designer and the Program Committee to review design concepts and address any outstanding issues. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4 mt#IQ Attachment number 2 Page 11 of 34 DRAFT Fees for the foregoing design services are limited to $1,000 per 30 linear feet of eligible building facade up to a maximum of $4,000. An additional fee of up to $1,000 is available for design of site improvements (e.g., landscaping, outdoor cafe area, etc.). Fees for said design services will be paid by the CRA directly to the CRA-approved design firm. Design services other than those listed above (e.g., detailed designs or construction plans) shall be arranged under separate contract between the property owner and a design firm, and payment therefore shall be the sole responsibility of the property owner. B. PROJECT FUNDING Program loans are available on a first-come, first-served basis, contingent upon funds availability. The maximum loan is 80% of eligible project costs, up to $35,000 per property. The property owner is responsible for the all projects costs that exceed the maximum loan amount and for all ineligible project costs. FUNDING SCENARIOS Example 1: Total Project Costs $25,000 - Eligible project costs (see listing on page 5) $25,000 - Ineligible project costs N/A ¦ Maximum loan amount' $20,000 ¦ Property owner (applicant) contribution $5,000 - Eligible project costs above maximum loan amount $5,000 - Ineligible project costs N/A Example 2: Total Project Costs $50,000 - Eligible project costs (see listing on page 5) $45,000 - Ineligible project costs (e.g., roof repair) $5,000 ¦ Maximum loan amount' $35,000 ¦ Property owner (applicant) contribution $15,000 - Eligible project costs above maximum loan amount $10,000 - Ineligible project costs $5,000 Notes: 1. Maximum loan amount equals 800 of eligible project costs or $35,000, whichever is less. Program loans are 0% interest. Provided that the property owner complies with all terms and conditions of the program and loan agreement, the loan principal will be forgiven at a rate of 20% per annum, converting to a 100% grant within five years from the date of the Loan Agreement (see Section 7.C and Exhibit D). A loan is secured through an executed Loan Agreement between the loan applicant and the City. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4?mt#IQ Attachment number 2 Page 12 of 34 DRAFT A. ELIGIBLE PROPERTIES & PROPERTY OWNERS Eligibility for assistance under the program requires that all of the following criteria are met: • Applicant is the property owner; • Property is located on Gulf-to-Bay Boulevard or Cleveland Street within the East Gateway District shown in Figure 1; • Property is zoned Downtown District (D), Commercial District (C) or Office District (O) • The property is not a single family residence; • Property does not have current or outstanding code violations (Note: Code violations may be remedied in conjunction with an improvement project; however, costs for said remedy may not be funded with program funds); • Property is not associated with a Problematic Use as defined in the Community Development Code; • Applicant is current on Business Tax Receipt and property taxes; • Applicant demonstrates financial feasibility, including equity value in the property or other acceptable collateral; and • Property is not the subject of a current loan agreement under this program. B. ELIGIBLE PROJECTS Eligible project improvements/costs include those listed on page 5 when applied primarily to the principal or street-facing facade(s) or lot area(s). Other improvements may be determined to be eligible on a case-by-case basis. Loan funds will be extended only for exterior work resulting in the significant improvement or enhancement of the building facade or lot. Improvement projects must be of high quality and designed and constructed by qualified, licensed professionals. The City shall have the authority to determine the eligibility or ineligibility of all proposed work. Note: Facade improvements made prior to approval of the program application will not be eligible for funding assistance. Ineligible improvements include roofs, general structural upgrades, non-permanent fixtures (excluding approved landscaping), security systems, personal property, interior window coverings, equipment, foundation work, business equipment, fencing, operating capital or refinancing and any improvements deemed to be inconsistent with program objectives. Improvements must comply with all applicable regulations, including American with Disability Act requirements, and Downtown Design Guidelines. Any code violations must be resolved prior to or during construction of the improvement project. Costs to resolve code violations that do not represent an eligible project cost shall be borne solely by the applicant. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4f mt#IQ Attachment number 2 Page 13 of 34 DRAFT ELIGIBLE PROJECT IMPROVEMENTS/COSTS • Construction, installation or - Windows - Parapet renovation: - Doors - Balconies - Awnings - Porches - Marquees - Arcades - Shutters - Display window - Cornices lighting • Exterior wall treatments:] - Painting (entire - Stucco/plastering building facade) • Removal of elements covering architectural details • Exterior signage (permanently affixed and integrated into the building architecture) • Decorative exterior lighting- Pavement between door and sidewalk • Landscaping' • Other improvements' • Detailed design/construction drawing feesd • Permit fees:, a Notes: 1. Painting of unpainted brick or masonry is strongly discouraged. 2. When part of an overall improvement project. 3. May not be funded with CDBG funds and, therefore, are subject to CRA funds availability. 4. To be considered by the Economic Development & Housing Director and Executive Director of the CRA on a case- by-case basis. 5. Costs shall not exceed 100 of total eligible project costs. Does not include conceptual design services under Design Services (Part I) of this program, which are funded by the CRA. b. Includes permits required to lawfully construct the improvement project. The City must approve all proposed improvements projects. The City reserves the right to require certain minimum improvements as part of the applicant's project in order to meet program objectives and ensure compliance with the Downtown Redevelopment Plan and Clearwater Community Development Code. A. APPLICATION SUBMITTALS & REVIEW The Director and the Executive Director will determine the completeness of program applications, and may request further information in support of an application. The decision to accept an application will be based on funds availability and project merits, including support of East Gateway District goals and program objectives. The Program Committee shall be responsible for the evaluation of program applications and funding determinations. Part I: Application for Design Services Design services for the creation of a conceptual project design are available to an applicant upon acceptance of Part I: Application for Design Services. When the conceptual design is accepted by the Program Committee, the applicant may East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4 mt#IQ Attachment number 2 Page 14 of 34 DRAFT then proceed with detailed design (e.g., architectural drawings and/or site plan) and permitting of the project-required submittals for Part II: Application for Funding Assistance (below). Note: Detailed design and permitting costs are the sole responsibility of the applicant. However, detailed design costs for eligible project improvements may be considered part of the required applicant contribution to total eligible project costs, so long as these design costs do not exceed 10% of total eligible project costs. Part II: Application for Funding Assistance Prior to completing Part II: Application for Funding Assistance, the applicant must secure all required development approvals for the project. The project, as presented in the application, will be reviewed by the Program Committee in the context of the Project Review Criteria (below). The review criteria are weighted, with a maximum score of 100 points. Projects scoring less than 60 points as determined by the Program Committee in its sole discretion will not be offered a program loan. MAXIMUM PROJECT REVIEW CRITERIA POINTS 1. Comprehensiveness of project and consistency with 20 the Downtown Design Guidelines 2. Degree of blight removal and positive visual impact 15 3. Quality of design & materials 15 4. Level of private investment being made 15 5. Contribution to streetscape aesthetics & function 15 6. Application of green building & site techniques 10 7. Application of CPTED1 techniques 10 Maximum Score 100 B. PROOF OF FINANCIAL FEASIBILITY The applicant must verify to the satisfaction of the City the funding of any non-program funded portion of the project. Verification means that sources of funds are committed, terms and conditions are known and sources have the capacity to deliver. Funding for the non-program portion of a project is the responsibility of the applicant and can come from a variety of sources, including cash investment, bank financing and personal loans. To the City, the source is not as important as whether or not that source is committed to funding a portion of the project and if that funding can be verified. ' Crime Prevention through Environmental Design East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4?mt#F2 Attachment number 2 Page 15 of 34 DRAFT A. ELIGIBLE CONTRACTORS When all required permits and development approvals are secured, the applicant shall obtain at least three (3) written bids from qualified, Florida licensed contractors to perform the project work. Each bid solicited by the applicant must be in response to an identical scope of work for the project. Prior to the awarding a bid, the applicant must provide information on the proposed awarded and rejected bids. The awarded contractor must show evidence of adequate liability and workers' compensation insurance coverage. The contractor is required to file all construction lien releases with the Economic Development & Housing Department prior to the final loan disbursement. B. TIMELY PERFORMANCE All projects assisted by this program must be completed in a timely manner. The contract will allow a maximum of nine months for completion. When it can be demonstrated that circumstances clearly beyond the applicant's control prohibit completion within nine months, the City may grant one extension. Failure to complete the project in a timely manner will result in a cancellation of the contract, de-obligation of any unexpended funds, and at the discretion of the City, recapture of expended funds. C. DAVIS-BACON ACT LABOR STANDARDS Federal labor standards provisions of the Davis-Bacon Act require that all employees working on a construction project that is wholly or partially federally-funded are entitled to receive the prevailing wage rate for that locality as established by the U.S. Department of Labor. This standard applies to all construction contracts in excess of $2,000. Prevailing wage rates are listed in the Davis-Bacon Wage Decision, a listing of various construction work classifications, such as carpenter, plumber and electrician, and the minimum rates (and fringe benefits) that people performing work in those classifications must be paid. CONSTRUCTION PROCESS SUMMARY • Project must be completed within nine months of signing of the Loan Agreement • Davis-Bacon Act wage standards apply to all improvements over $2000 • No contractors shall be on the HUD debarment list • Applicant is responsible for securing all required construction permits • Use of lead-based paint is prohibited in federally-funded projects • Project must be compliant with the Americans with Disabilities Act East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4 Trbt#IQ Attachment number 2 Page 16 of 34 DRAFT During the construction process on all loan funded projects, contractors must submit weekly certified payroll reports beginning with the first week the contractor works on the project and for every week afterwards until the contractor has completed its work. In addition, contractors must make their employees available at the job site for confidential interviews with City (Economic Development & Housing staff) as to the type of work they perform and their rate of pay. Every effort will be made to cause as little disruption as possible to on-going work during the interviews. For more information on the Davis-Bacon Act visit www.hud.gov/offices/olr/index.cfm. D. DEBARMENT CHECK All contractors will be reviewed to determine that they are not on the HUD debarment list. Debarment is the ineligibility of a contractor to engage in any federally funded projects because of previous federal labor standards violations. E. PERMIT REQUIREMENT The applicant is responsible for securing all required building permits and other development approvals for the project before commencing construction, renovation or painting activities. Any said activities commenced prior to obtaining required development approvals may result in voiding of program funding. F. INSPECTION The applicant shall permit inspection of the property by the City for compliance with all City codes and ordinances pertaining to code compliance and such other inspections deemed necessary in connection with the property, the rehabilitation work and all contracts, materials, equipment, machinery, fixtures, payrolls, and conditions of employment pertaining to the work. The City will make a determination that the after- improvement value of the building is adequate to protect the City's loan interest. Prior to distribution of loan funds, the applicant must execute a Loan Agreement with the City that states the terms and conditions of the loan (see Exhibit D Loan Agreement). Upon applicant default of any term or condition of the Loan Agreement, the City may call the remaining pro rata share of the loan amount due and payable to the City. Loan funds for satisfactorily completed, contract-specified work will be disbursed by the City after the applicant's entire contribution for work has been paid to the contractor(s) for invoiced work. At no time will the City have more loan funds disbursed than the percent of work completed. Upon receiving properly executed invoices for satisfactorily completed work from the applicant, the City will make payment directly to the contractor for the amount of eligible costs included in the invoice. Requests for loan disbursement are limited to 30%, 60% and 100% project completion milestones. The City will provide the applicant with disbursement forms and instructions for submittal of properly executed invoices. Typically, loan disbursement by the City for eligible costs takes two to three weeks. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4 mt#IQ Attachment number 2 Page 17 of 34 DRAFT Note: Disbursement will be made only to those contractors who have submitted weekly- certified payroll forms. A. MAINTENANCE When borrowing program funds, the applicant agrees to maintain the improvements, as determined by the City in its sole discretion, for a period equal to the term of the loan (five years). B. ALTERATIONS The applicant agrees not to change or alter elements of the improvement project without prior written approval from the City for a period equal to the term of the loan (five years). C. LOAN FORGIVENESS Provided that the property owner complies with all terms and conditions of the program and loan agreement, program loans shall be forgiven in 20% increments on an annual basis such that at the end of the five-year loan term, the full loan amount will be deemed forgiven and the loan balance will be $0. If the applicant (property owner) sells the property during the five-year loan period, the remaining pro rata share of the loan amount shall become due and payable to the City within 30 calendar days, unless the succeeding property owner formally agrees to continue the maintenance obligation for the remainder of the loan term. D. EQUAL EMPLOYMENT OPPORTUNITY The applicant shall comply with all applicable provisions of federal statutes and regulations concerning equal employment opportunities for persons engaged in rehabilitation work undertaken in connection with program assistance. E. RECORDS The applicant shall keep such records as may be required by the City in connection with the project for a period of five years. F. CIVIL RIGHTS The applicant shall not discriminate upon the basis or race, color, sex, marital status, handicap, religion or national origin in the sale, lease, rental, use or occupancy of the property to be assisted. G. DISPLACEMENT OF TENANTS No financial assistance will be provided if the project involves the permanent and involuntary displacement of tenants unless the applicant agrees to provide financial assistance to the tenants at levels consistent with the Federal Relocation and Real East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 P4 mt#IQ Attachment number 2 Page 18 of 34 DRAFT Property Acquisition Act, as amended. Temporary relocation may be permitted with costs allowable as a project cost. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 PagktWbf#IQ Attachment number 2 Page 19 of 34 DRAFT Exhibit A Part 1: Application for Design Services East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteml Attachment number 2 Page 20 of 34 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteraits2 Attachment number 2 Page 21 of 34 Fagade & Building Lot Improvement Program East Gateway District PART I: APPLICATION FOR DESIGN SERVICES Fax: Application Must Be Submitted in Person [Do Not Mail] SECTION A - GENERAL INFORMATION 1. Applicant Information: Property Owner: SS# or FEIN# Contact Name: Contact Address: City/State/Zip: Phone: Owner Type (Check One) ? Individual ? Proprietorship ? Partnership 2. Property Information: Building Name: Legal Description: Email: ? LLC ? Corporation Building Address: Total Building Sq. Ft. Parcel dimensions: Ft. X Ft. Parcel Area: Economic Development & Housing 112 S. Osceola Street, 1St Floor Clearwater, Florida 33756 Phone: (727) 562-4026 Fax: (727) 562-4075 www.myclearwater.com Length of Building fagade facing primary public street right-of-way: Length of Building fagade facing secondary public street right-of-way: Zoning: Business License # Sq. Ft. Linear Ft. Linear Ft. Revised: 1/20/09 Fagade & Building Lot Improvement Program Application - Part I Item #P2ge 1 of 2 Attachment number 2 Page 22 of 34 SECTION B - IMPROVEMENT PROJECT IDEAS Type of improvements desired (check all that apply): ? Exterior walls ? Cornice Describe your desired improvement project. Attach additional sheets, if needed. ? Windows/doors ? Awnings/canopies ? Shutters ? Signage ? Landscaping ? Outdoor cafe area ? Lighting ? Pavers ? Painting ? Other What is your estimated budget? $ Application (Part 1) Complete: ? Photos of architectural styles you prefer ? Current site/floor plan ? Historical photos of your property The undersigned (Applicant) warrants that the information provided herein is to the best of his/her knowledge, true and correct. The Applicant further understands that the use of this information is only for consideration of Part 1: Design Services part of the East Gateway District Facade and Building Lot Improvement Program. Upon acceptance of this application by the Economic Development and Housing Director and Executive Director of the CRA, the Applicant shall schedule and participate in a minimum of two (2) design consultations with a City approved design firm for purposes of conceptual design of the improvement project. The City shall not consider the Applicant's request for funding assistance (Part II) until a conceptual design plan has been submitted to the City along with the completed Part II Application for Funding Assistance. The Applicant also acknowledges that fee for design services provided for under Part 1 D Design Services will be paid by the City directly to the City approved design firm upon City acceptance of the conceptual design. The fee for any additional design services ordered by the Applicant will be at the sole expense of the Applicant. Property Owner Signature: Date: FOR CITY USE ONLY Initial Contact: Property File No: ? Business in East Gateway District ? Current on property taxes Design Assistance: ? Approved Design Firm: Design Firm: ? Pre-application Meeting Attendance ? Additional Meeting BPRC Comments: Signature: Signature: Project Manager: ? Post-Application Meeting Attendance ? Additional Meeting Director, Economic Development & Housing Department Executive Director, CRA Date: Date: Provide the following (if available): ? Valid Business Tax Receipt ? Denied Date: Project Manager: Revised: 1/20/09 Facade & Building Lot Improvement Program Application - Part I Item #P2ge 2 of 2 Attachment number 2 Page 23 of 34 DRAFT Exhibit B Part 2: Application for Funding Assistance East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteml Attachment number 2 Page 24 of 34 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteml Attachment number 2 Page 25 of 34 Fagade & Building Lot Improvement Program East Gateway District PART 2: APPLICATION FOR FUNDING ASSISTANCE Applicant: Economic Development & Housing 112 S. Osceola Street, 1St Floor Clearwater, Florida 33756 Phone: (727) 562-4026 Fax: (727) 562-4075 www.myclearwater.com Application Must Be Submitted in Person [Do Not Mail] SECTION A - APPLICANT INFORMATION ? Attach approved copy of Part 1: Application for Design Services SECTION B - PROJECT OVERVIEW Describe in detail the proposed improvement project. (Attach additional sheets if needed) Project start date: Project completion date: SECTION C - SUPPORTING INFORMATION (ATTACHMENTS) ? Approved building plans and specifications ? Photographs of existing building and project area ? Samples of paint colors and materials to be used ? Three (3) contractor bids or quotes for all work proposed (Florida licensed contractors only) ? Demonstration of financial capability, (property title binder and/or credit check and appraisal if determined necessary SECTION D - FUNDING REQUEST (A) Estimated Project Costs: $ (B) Requested Loan Funds: $ (C) Applicant Funds: $ (Eligible project costs only) (May not exceed 80% of (A)) Existing or pending liens against the property? ? No ? Yes if yes, describe: Revised: 1/20/09 Fagade & Building Lot Improvement Program Application - Part 2 Item #/P?ge 1 of 3 Attachment number 2 Page 26 of 34 SECTION E - DISCLOSURE By signing and submitting this application, the applicant hereby agrees to the following: 1. Applicant agrees that the acceptance of this application does not commit the City to enter into an agreement, to pay any costs incurred in its preparation, to participate in subsequent negotiations or to contract for the project. Further, the acceptance of this application does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right to reject any or all applications or to request more information from the applicant. 2. Applicant agrees that a Facade & Building Lot Improvement Program (Program) loan will only be considered for the proposed project by the City if: 1) a Program application was submitted to the Economic Development& Housing Department; 2) a conceptual design of the project has been completed and is included with this application; and 3) three (3) bids or quotes for all proposed work are included with this application. 3. Applicant hereby certifies that all information contained in this application, inclusive of attachments, is true and correct to the best of the applicant' knowledge. Applicant also gives permission to the City to request further information, contact respective financial and credit reporting institutions and perform other related research necessary for the reasonable evaluation of this proposal. Should assistance be provided applicant/borrower agrees: 1. To comply with all applicable provisions of federal statutes and regulations concerning equal employment opportunities for persons engaged in rehabilitation work undertaken in connection with program assistance. 2. To keep such records as may be required by the City in connection with the work to be assisted. 3. To not discriminate upon the basis of race, color, sex, martial status, handicap, religion or national origin in the sale, lease, rental, use or occupancy of the property to be assisted. 4. That NO financial assistance will be provided if the project involves the permanent and involuntary displacement of tenants unless the applicant agrees to provide financial assistance to the tenants at levels consistent with the Federal Relocation and Real Property Acquisition Act, as amended. Such assistance granted will not, however, be counted in the private match requirement. In addition, the applicant is aware of the following: 1. This assistance involves federal funds and requires compliance with federal guidelines, including Davis-Bacon Wage Rates, Handicapped Accessibility and Historic Preservation. 2. If assistance is given, an audit of the project may be required. 3. Financial assistance will not be provided if property taxes or special assessments are in arrears. 4. The City will pay loan proceeds directly to the applicant's contractor upon submittal of acceptable invoices for eligible project costs. 5. The applicant will be obligated to maintain the building improvements for a period equal to the terms of the loan. Applicant (Property Owner) Signature: Title: Print Name: Date: Revised: 1/20/09 Fagade & Building Lot Improvement Program Application - Part 2 Item #/P?ge 2 of 3 Attachment number 2 Page 27 of 34 FOR CITY USE ONLY Application (Part II) Complete: ? Final Inspections ? Estimates (2) Submitted Design Assistance: ? Approved Property File No: ? Valid Business Tax Receipt ? Denied Date: Design Firm: Design Firm: ? Pre-application Meeting Attendance ? Additional Meeting BPRC Comments: Signature: Signature: Director, Economic Development & Housing Department Executive Director, CRA Date: Date: Project Manager: Project Manager: ? Post-Application Meeting Attendance ? Additional Meeting Revised: 1/20/09 Fagade & Building Lot Improvement Program Application - Part 2 Item #/P?ge 3 of 3 Attachment number 2 Page 28 of 34 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteraits2 Attachment number 2 Page 29 of 34 DRAFT Exhibit C Program Steps East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteraits2 Attachment number 2 Page 30 of 34 DRAFT East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iteml Attachment number 2 Page 31 of 34 DRAFT This section provides step-by-step instructions to the application and decision-making process for the East Gateway District Facade & Building Lot Improvement Program. PART I: DESIGN SERVICES Step 1: Pre-Application • Applicant formulates ideas for improvement project by considering: - Existing assets of your building and lot and how new features such as awnings, accent lighting, new signage or landscaping might accentuate them; - Consistency with the Downtown Design Guidelines, Clearwater Downtown Redevelopment Plan (viewable at myclearwater.com/gov/depts/planning/ divisions/Lrplan/plans/downtown plan/index.asp); - Design harmony with neighboring buildings; and - Project Review Criteria that will be used to score your project (Note: Projects that score below 60 points will not be offered funding assistance.). • Applicant attends pre-application meeting with the Program Committee to discuss requirements and project ideas. Step 2: Application (Part I) • Applicant completes Program Application Part I and submits to the Economic Development & Housing Department. • After applicant is informed that the application is complete and that program eligibility requirements are met, applicant selects a CRA-approved design firm(s) to create a conceptual design of the project. Note: A list of design firms is maintained by the Economic Development & Housing Department. Step 3: Conceptual Project Design • If design services from a CRA-approved design firm are requested: - An architect/engineer will be assigned to assist with the project design. - Applicant, architect/engineer and Program Committee meet to discuss project design. - Design assistance is available to the applicant at no charge up to a maximum dollar amount (see formula on page 3). Design services in excess of funding limits will be charged to the applicant at the contract rates charged to the CRA. - Architect/engineer completes project design and provides cost estimates and recommendations to the applicant. - Applicant submits project design to the Program Committee for conceptual design approval. • If design services from the applicant's own architect are used: - Complete project design with applicant contracted architect. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iterai ts2 Attachment number 2 Page 32 of 34 DRAFT - Applicant submits project design to the Program Committee for conceptual design approval. • Applicant and design firm modify project design as recommended by Program Committee. • Optional: Applicant presents design project to the Clearwater Building Plans Review Committee (BPRC) and receives information about Community Development Code requirements and the development review process applicable to the project. Contact the Building Division at (727) 562-4567 to schedule an appointment. Step 4: Preliminary Design Review & Loan Commitment • Applicant and design firm meet with Program Committee to discuss project scope, costs, schedule, funding and permitting needs. • Program Committee conducts a preliminary design review and scores the project (see Project Review Criteria on page 6). The Committee may recommend ways to modify the project to improve its score. • Upon notification of project eligibility for a loan commitment by the Economic Development & Housing Department Director (Director) and Executive Director of the CRA (Executive Director), applicant proceeds to Part II: Funding Assistance. PART II: FUNDING ASSISTANCE Step 5: Application (Part II) • Applicant completes Program Application, Part II (including all required documentation) and submits to the Economic Development & Housing Department. Step 6: Project Design & Permitting • Applicant contracts with architect/engineer to prepare detailed drawings and/or site plan required for building permit and other required approvals. Note: Payment for detailed design service fees is the responsibility of the property owner. However, a portion of program funding may be used for said costs. • Applicant notifies the Director of any material change to the project design provided with Program Application, Part II (Step 5). The Director and Executive Director must approve any change in writing. Note: Material changes that result in a lower project score may affect program funding for the project. • Applicant secures City permit(s) and other required approvals. Step 7: Contractor Construction Bids • When all required permits and development approvals are secured, applicant obtains a minimum of three written bids from qualified, Florida licensed contractors to perform the project work. • Applicant notifies the Director of intent to award the bid and provides information on the proposed bid award as well as rejected bids. • The Director issues a "Notice to Proceed" to the applicant upon approval of the proposed bid award and execution of the Loan Agreement (see Step 8). Receipt of East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iterai ts2 Attachment number 2 Page 33 of 34 DRAFT the "Notice to Proceed" is the applicant's authorization to hire a bidding contractor and begin construction. Note: Work started prior to the "Notice to Proceed" may result in voiding of the program application. Step 8: Loan Agreement • Applicant and City execute Loan Agreement specifying loan amount and terms and conditions of the program funding. Step 9: Construction & Construction Drawings • Applicant hires contractor and informs contractor that Federal Labor Standards, Procurement Requirements and Davis Bacon Act provisions are applicable to the project. Note: All contractual obligations regarding project work are between the applicant and contractor. The City/CRA does not have any contractual relationship with the contractor. • Applicant issues a notice to proceed to the contractor within 30 calendar days of the applicant's receipt of the City's "Notice to Proceed." Applicant is solely responsible for scheduling and monitoring the construction of the project. • Applicant informs the Director of any anticipated material changes to the project. The Director and Executive Director must approve material changes in writing. • Applicant completes the construction project within nine months of the effective date of the Loan Agreement. • Applicant is solely responsible for submitting approved contractor/supplier/vendor invoices for eligible project expenses to the Director for processing and payment to the contractor/supplier/vendor. Contractor invoices shall detail the specific tasks completed in accordance with the approved project design. Ineligible project expenses for contractors/suppliers/ vendors are the sole responsibility of the applicant (applicant). • Applicant is solely responsible for ensuring that all work performed on the project is done properly and satisfactorily. • Upon project completion, the applicant requests the Director to initiate review of the work. • In accordance with the Loan Agreement, the applicant submits items listed below to the Director: a. Certificate of Occupancy; b. Cover letter indicating completed project status, total project costs and loan amount (based on total amount of construction draws for eligible project costs); c. Unconditional lien releases as proof of payment of all contractor invoices for project costs (eligible and ineligible), including payment of any invoices from subcontractors, material suppliers and vendors; and d. Other information as may be requested by the Director and Executive Director of the CRA. East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iterai ts2 Attachment number 2 Page 34 of 34 DRAFT Contact: Tammy Vrana, AICP Economic Development & Housing Department 112 S. Osceola Avenue (1 It Floor) Clearwater, Florida 33756 Phone: (727) 562-4047 1 Fax: (727) 562-4075 Email: tammv.vranaCmvclearwater.com East Gateway District Facade Improvement & Building Lot Improvement Program Revision Date: 01/20/09 Iterai ts2