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HomeMy WebLinkAbout6H (1)EypUYH 9 • pVyilll /i� ~O Community & Economic Development�� Division of Community Development 227 West Jefferson Blvd., 121h Floor, South Bend, Indiana 46601 -1830 Phone 574/235 -9660 Fax 574/235 -9469 To: nRedevelopment Commission � From: �►v Michael Divita, Planner Subject: Addendum to UEA Fagade Matching Grant Program Date: August 3, 2011 Attached is an addendum to the Facade Matching Grant Program agreement between the City and the Urban Enterprise Association prepared to facilitate a local business expansion. On May 10, 2011, the Commission approved an extension and expansion addendum to the existing Facade Matching Grant Program agreement. That addendum extended the program period to December 31, 2012, and allowed remaining matching grant funds also to be used for projects on Lincolnway West. As a follow -up to facilitate a potential expansion of Gene's Camera Store near Lincolnway West and Taylor Street and to fully exhaust grant funds, this addendum would make the following two additional changes to the program agreement: Increase the maximum permissible grant amount from $20,000 to $50,000, and • Allow for clarification of eligible costs that may be counted toward the grantee's project match. This addendum does not change the amount of City funding for the program, the length of the agreement, or program terms other than those described above. Staff requests the Commission's approval of this addendum. Thank you. ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (FACADE MATCHING GRANT PROGRAM) (WESTERN AVENUE, MIAMI STREET AND LINCOLNWAY WEST) THIS ADDENDUM (this "Addendum ") is made and entered into this day of ' 2011, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through the South Bend Redevelopment Commission, the governing body of the City's Department of Redevelopment (collectively the "City ") and URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the "Organization "). RECITALS WHEREAS, the City and the Organization have entered into an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Inc. ( Facade Matching Grant Program) (Western Avenue)" dated the 17t` day of August, 2007, as amended; an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Inc. (Facade Matching Grant Program) (Miami Street) dated the 17`}' day of August, 2007, as amended; and an addendum entitled `Extension And Expansion Addendum To Agreement For Programs And Services With Urban Enterprise Association of South Bend, Inc. (Facade MatchiN Grant Program) (Western Avenue, Miami Street and Lincolnway West) dated the 19 day of May, 2011 (collectively the "Agreements "), providing for the Facade Matching Grant Program (the "Program "); and WHEREAS, the Agreements recognize that the City's commercial corridors act as gateways to the City and that improving the aesthetic appeal of the City's commercial corridors will encourage not only additional investment in the City's commercial corridors but in their surrounding neighborhoods and in the City more generally; and WHEREAS, the parties desire to amend the Agreements by this Addendum; and WHEREAS, the City is empowered under Indiana Code § 36-7-14 - 12.2(a)(26)(B) to enter into the Agreements and this Addendum; and WHEREAS, the Organization further represents that it has taken all corporate action necessary to enter this Addendum; and WHEREAS, the City believes that the actions contemplated by this Addendum are in the best interests of the health, safety and welfare of the City and its residents and that such actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, the parties mutually agree as follows: 1. Exhibit A to the Agreements is hereby amended and replaced with Exhibit A to this Addendum. 2. The parties agree that all other terms and conditions, as set forth in the Agreement shall remain in full force and effect. (Remainder of page intentionally left blank) 2 IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA, URBAN ENTERPRISE ASSOCIATION DEPARTMENT OF REDEVELOPMENT OF SOUTH BEND, INC. Date: Signature Printed ame and Title 2011 South Bend Redevelopment Commission Signature Printed ame and 7itle South Bend Redevelopment Commission Date: Signature Printed Name and litle Signature Printed Name and Title 2011 EXHIBIT A Program Description The Organization shall provide the following services and programs: Fagade Matching Grant Program — Establish a program designed to encourage private investment by commercial, industrial, and mixed use property owners or lessees on the Corridor. Commercial property includes property used primarily for for - profit, nonprofit, or religious activities. The program goal is to promote exterior improvements that enhance the appearance, value and character of the property. The program is not intended to support deferred maintenance. Lessees must provide written proof that the property owner has authorized the proposed improvements. The program shall require: (1) A maximum of one grant per property address per year. (2) A matching public investment not to exceed sixty percent (60 %) of the total project cost. The maximum grant shall not exceed fifty thousand dollars ($50,000). (3) Projects that create a noticeable visual improvement to the Corridor and are consistent with the revitalization action plan for the Corridor approved by the Contract Administrator. (4) To be eligible, the subject property must have proper insurance and be current on property taxes. (5) A minimum of two (2) estimates from licensed contractors detailing the scope of work with itemized prices must be obtained before a project is approved. Applicants may bid for work on their own grant project if they are licensed and/or qualified to perform the work. However, when serving as their own contractor, applicants will not be reimbursed for labor related costs. (6) Before any work is commenced, any required building or sign permits for the grant project must be obtained for an applicant to continue to be eligible for the program. (7) Specific program guidelines must be established, which clearly establish the grant process. (8) No funds may be disbursed for a grant unless pursuant to a written contract which provided for default conditions consistent with the program guidelines and clearly establishes remedies for instances of default. (9) To be eligible, an applicant must agree to hold the City of South Bend, Indiana, the City of South Bend, Department of Redevelopment and the South Bend Redevelopment Commission (collectively, the "City ") harmless and to indemnify the City for any damages or costs related to any claim, suit or demand related to any action occurring as a result of the applicant's application or participation in the Program. Under the program, the following shall be ineligible improvements for grant funding, though some of the following may be permitted as match to the extent allowed by the program guidelines: (1) Improvements in progress or completed prior to the grant award (2) Interior improvements not associated with exterior work (3) Residential building improvements (4) Removal or enclosure of architecturally important features (5) Window or door bars or security gates (6) Demolition of structures (7) Alterations that decrease the accessibility for people with disabilities (8) Refinancing of existing debt (9) Property acquisition (10) Environmental consulting or hazardous materials testing services or abatement or clean-up costs.