Downtown Memphis Storefront Improvement Grant

Transcription

1 Downtown Memphis Storefront Improvement Grant Program Administered by: Center City Development Corporation 114 North Main Street Memphis, TN (901) Packet information revised on June 23, 2015

2 2 Downtown Memphis Storefront Improvement Grant PROGRAM OVERVIEW Purpose This matching grant is designed to create more attractive, inviting Downtown storefronts in order to improve the public realm and pedestrian experience Downtown. The Storefront Improvement Grant provides businesses in the Central Business Improvement District (CBID) with financial assistance in the procurement of façade upgrades that will enhance the appearance and functionality of business storefronts. Grants are limited to projects located in pedestrian areas with high visibility that will result in a significant improvement to the overall environment. The Storefront Improvement Grant is offered by the Center City Development Corporation (CCDC) and will be available until August 31, Eligible Improvements The following items are examples of exterior improvements that may be eligible for the program: Creative, high-quality exterior signage Awnings and canopies Exterior cleaning, prep, and painting Exterior commercial storefront, windows, and doors Exterior architectural lighting Architectural/design/building permit fees for the eligible improvements Permanent streetscape improvements fronting the tenant s leasable space Outdoor patio railings Approved accessories such as outdoor planters and public seating* * While considered an eligible improvement for this program, approved accessories such as planters and public seating are subject to a grant cap of $1,000 per business. Basic Eligibility Requirements The program is available to businesses that meet the following criteria: Storefront Improvement Grants require leverage of 1 to 1, meaning for every dollar of CCDC Storefront Improvement Grant there must be at least one dollar of business financing. The program is limited to businesses that occupy first-floor space with an active street presence and maintain regular daily business hours. Businesses must be located within the CBID and be located in pedestrian areas with high visibility. The grant can only be used for exterior improvements and approved accessories that are visible from the public right-of-way. The eligible scope of work must directly relate to the operating façade of the business that is applying for the grant. The applicant s scope of work must constitute a significant improvement to the overall public environment.

3 3 Application Submission Formal applications will only be accepted for projects that CCDC staff has determined as high impact and meeting the purpose of the program while also taking into account available resources and competing priorities. The project must also be approved by the Design Review Board (DRB) for architectural, historical, and contextual compatibility using the Downtown Memphis Design Guidelines. If the DRB determines that the project meets the Design Guidelines and approves the scope of work, CCDC staff can bring the Storefront Improvement Grant application before the CCDC Board of Directors for review and consideration of final approval. If the applicant has met the initial program criteria and eligibility requirements, a nonrefundable application fee of $100 is due upon submission of a formal application to CCDC. All applications must be approved by the CCDC before work begins. Grants will not be awarded to projects that are under construction or completed. Release of Funds As a reimbursement grant, the eligible scope of work must be completed as approved to receive reimbursement of funds. Compliance with the CCDC s Equal Business Opportunity (EBO) Program is also required before the grant funds are dispersed. (See Attachment B) Disclaimer The CCDC, DMC, and its affiliates are not responsible for business consulting, planning, design, or construction of improvements to property that is owned by the applicant or any other entity. No warranties or guarantees are expressed or implied by the description of, application for, or participation in the Storefront Improvement Grant. The applicant is advised to consult with licensed architects, engineers, and/or building contractors before proceeding with final plans or construction.

4 4 Downtown Memphis Storefront Improvement Grant PROCESS AND POLICIES Step 1: Meet with CCDC staff to review project concept, scope, and potential eligibility A meeting with an assigned CCDC staff member must be held prior to submission of a formal Storefront Improvement Grant application. The purpose of the meeting is to acquaint all parties with the scope of the project and any related issues. This meeting also serves to familiarize the applicant with the submittal and review process and program policies. Step 2: Meet with Design Review Board for approval of project design Before the Storefront Improvement Grant application is submitted, applicants must have their projects reviewed and approved by the Design Review Board (DRB). This board reviews the project for architectural, historical, and contextual compatibility to ensure that the agency s funds are being invested in a high-quality project that produces lasting benefits for the community. The DRB will also review any lighting plan associated with the project, as well as any public realm or streetscape improvements for which an incentive has been granted. The DRB typically meets on the first Wednesday of every month at 5:00 pm. DRB meetings are open to the public and held at the Downtown Memphis Commission office located at 114 North Main Street. Please refer to the full DRB application packet for additional information about submission requirements and deadlines. Step 3: Submit the Storefront Improvement Grant application and fee to staff Once the project scope and design is approved by DRB, the Storefront Improvement Grant application and application fee should be submitted based on the provided outline. CCDC staff will evaluate each application according to the program purpose to determine the project s eligibility and recommended grant amount. Completed applications must be received at the DMC office at least two weeks prior to the monthly meeting of the CCDC Board of Directors (usually the 3 rd Wednesday of every month). Incomplete applications will not be presented to the board for review. Applications must be submitted and approved prior to the start of construction. The applicant must deliver fifteen (15) unbound copies of the application, a digital copy of the application via or on CD, and application fee payable to the Center City Development Corporation, prior to the scheduled CCDC meeting to: The Center City Development Corp, 114 North Main Street, Memphis, TN Once an application has been submitted to the CCDC, the information contained in the application is a matter of public record.

5 5 Step 4: Meet with CCDC Board for review of application and approval of grant Once the application and fee is received, staff can schedule the applicant to appear before the CCDC Board of Directors at its next available monthly meeting. The applicant s project will be publicly reviewed by the Board based on staff evaluations. The grant for the project will be approved or denied at this meeting. The applicant or his/her appointed representative must be present at the meeting. An appropriate representative could be any of the project principles, professionals contracted on the project, or someone whom the applicant has identified and to whom the applicant has given authorization to the CCDC staff. A staff summary of each application and the recommendation for each project will be mailed to the board a week prior to its meeting. Copies of each application will also be included. Staff will present each application and its recommendation for approval or denial at the monthly meeting. Applicants will be invited to make brief remarks regarding their project at which time the board may ask questions of staff and the applicant before making a decision. The board will deliberate on the merits of each application and, if in their opinion the project qualifies, the board may award the grant in full or in a partial amount, depending on grant fund availability. The CCDC Board of Directors usually meets on the third Wednesday of every month at 9:00 am. Meetings are held at the Downtown Memphis Commission office located at 114 North Main Street. Step 5: Commencement and completion of work Once a project is awarded a Storefront Improvement Grant, the applicant has 90 days to begin construction or renovation work on the project. If construction/renovation work does not begin within the 90 days, the applicant will be notified that the grant will lapse, and the funds will be returned to the fund pool. Once construction/renovation work has started on a project, the applicant has 180 days to complete the project and receive an occupancy permit. If these milestones are not completed at the end of the 180 day period, the applicant will be notified that the grant will lapse, and the funds will be returned to the fund pool. If an approved project is nearing the 90 day or 180 days lapse point, an opportunity will be provided for the applicant to request an extension at a regularly scheduled CCDC meeting prior to the end of the period. One extension of 90 days may be granted at the discretion of the CCDC Board of Directors depending on the project s circumstances and the future needs for funds in the pool. If an approved grant does lapse and is returned to the fund pool, the applicant may re-apply on a first-come-first-served basis. The standard grant application process in use at that time must be followed for a resubmitted application.

6 6 The grant funds are not awarded until the approved work has been completed, a Certificate of Occupancy issued, and the business is opened. A Certificate of Occupancy from the Memphis/Shelby County Office of Construction Code Enforcement is required. Applicants are notified in writing of the approval or denial of their grant request. Applicants whose projects are approved are notified of the grant award date and the beginning of the 90 day construction compliance period for the project. Step 6: Close on the grant If the project is approved by the CCDC and DRB, the CCDC s legal counsel will arrange a grant closing date once the project is complete and the following items are submitted to legal counsel. The Storefront Improvement Grant is a form of permanent financing, not a construction loan. The following requirements must be present at closing (some may not be applicable to all projects): Certificate of Occupancy from a Memphis/Shelby County building official Approved Certificate of Appropriateness from the Memphis Landmarks Commission (if project is located in a local historic district) Cost certification list for the improvements Photographs of the completed improvements Lien releases, waivers, or affidavits from contractors Documentation of compliance with the Equal Business Opportunity Program Copy of recorded Warranty Deed / Retail Lease Agreement Other documentation as requested by CCDC legal counsel

7 7 Downtown Memphis Storefront Improvement Grant APPLICATION Submitted applications must be assembled based on this outline and include all information requested below. I. Executive Summary. The Executive Summary must include: Contact information of applicant including name, address, phone, Program you are applying for Name of business Brief description of products and services Location of the proposed project by street address Approximate square footage of space (for new businesses) Name, address, and phone number of property owner and letter from the property owner granting approval for the proposed improvements A copy of the executed lease with a minimum term of 3 years beyond the anticipated date of project completion Sources and uses statement (Attachment A) II. Required Drawings and Exhibits. Provide a detailed description of the proposed uses of the grant funds. Work with CCDC and DRB staff to determine which of the following application materials are necessary for your specific project: Architectural plans, including dimensions/measurements Rendering or sketch of proposed improvements Current photo(s) of the subject property Awning design Color and materials samples for paint, awning, signs, etc. Sign plans, including dimensions/measurements and materials listed Application for use agreement if the improvements are within the public rights of way III. Estimated costs and timing. Please provide copies of vendor bids/estimates or other documentation of cost estimates for each item within the eligible scope of work. Include total estimated cost of all improvements. IV. Timeline. State proposed time schedule for the project including the dates anticipated for the following: Estimated days/months for completion of the project. Amount and anticipated closing date of the primary loan Anticipated lease execution date, if applicable Anticipated opening date

8 8 V. Women or Minority Business Enterprise (W/MBE) Participation. Please specify if your company is W/MBE certified and provide a description of your qualification. A description of the W/MBE program requirements is attached (Attachment B). All projects that are awarded an incentive from the CCDC shall include best-faith efforts to reach no less than 20% participation by women and /or minority-owned businesses (MBE) in the project s development cost. Submit the attached form to verify compliance. (Attachment C) VI. References. Provide three credit references for you personally, and three for your business. References must be business professionals (not from relatives). VII. Legal Disclosure. Disclose whether any applicant, guarantor, or any other person involved with the project is currently engaged in any civil or criminal proceeding. Also disclose whether any individual involved with the project has ever been charged or convicted of any felony or currently is under indictment. Please indicate if you have ever filed for bankruptcy. Supply detailed information. VIII. Applicant Signature The following statement must be included with the dated signature of the applicant or an applicant s representative: This application is made in order to induce the CCDC to grant financial incentives to the applicant. The applicant hereby represents that all statements contained herein are true and correct. All information materially significant to the CCDC in its consideration of the application is included. The applicant acknowledges that it has reviewed the descriptions of the CCDC financial program for which it is applying and agrees to comply with those policies. The applicant shall also be required to show best faith efforts with regard to the employment of minority contractors. The applicant specifically agrees to pay all reasonable costs, fees and expenses incurred by the CCDC whether or not the incentive is granted or project completed. Applicant Signature: Date:

9 9 Attachment A Storefront Improvement Grant Sources and Uses Statement Sources Storefront Improvement Grant Bank Loan/financing Other (please specify) Total Sources Uses (Storefront Improvements) Awning(s) Exterior signage Graphic design fee for signage Architectural design, building permit, and planning fees Restoration/rehabilitation Exterior lighting Exterior cleaning, prep, and painting Window and door repairs/replacement Streetscape improvements and landscaping Sidewalk repair/replacement Outdoor patio railings Approved outdoor planters and public seating Other (please list) Amount Cost Total Uses Final Total Sources/Uses

10 10 Attachment B Equal Business Opportunity Program and Best-Faith Effort to Attain Minority-Owned Business Participation As further detailed in the Downtown Memphis Commission Affiliated Boards Equal Business Opportunity (EBO) Program, Section 10, the applicant must give minority-owned businesses (W/MBEs) an equal and fair opportunity to receive notice, to bid on, and be considered for selection for all contracting opportunities associated with the professional and construction services in the design and renovation/construction of the project. Applicants are required to take affirmative steps to ensure an open and fair contracting process. While there are no mandated quotas, results achieved may evidence whether a fair process was employed. Applicants shall make a best-faith effort to allot, as a goal, no less than 20% of the professional and construction services to W/MBEs in the design and renovation/construction of the project. Commensurate with the size and scope of the project, specific steps that may be indicative of a best-faith effort to identify and contract with W/MBEs include but are not limited to the following: notice to W/MBEs, soliciting bids/quotes directly from W/MBEs, providing constructive notice, utilizing plan rooms, utilizing the DMC for assistance (W/MBE lists and Project Alerts), and working with applicable minority-owned business support organizations (e.g., Mid-South Minority Business Council, Memphis Area Minority Contractors Association, Memphis Hispanic Chamber of Commerce, National Association of Women Business Owners, etc.) To ensure that the EBO requirements are clearly understood, and antecedent to meeting the goals set forth in the EBO Program, all utilization plans must be coordinated with the DMC staff and submitted with the application. In accordance with the EBO Program, once the incentive application is approved and design/construction commences, the applicant shall provide written documentation of the status of the utilization plan (which shall include any and all changes or modifications) and the applicable amounts spent (or value of the work completed), on a monthly basis. If the requirements of the EBO Program are not met, the CCDC reserves the right to revoke and cancel the incentive.

11 11 Attachment C W/MBE Participation Equal Business Opportunity Program Requirements (Include this page with submitted application) All projects that are awarded an incentive from the Downtown Memphis Commission shall include best faith efforts to reach no less than a 20% participation by women and /or minority-owned businesses (W/MBE) in the project s development cost (design and construction hard cost) and shall be compliant with the Downtown Memphis Commission Equal Business Opportunity (EBO) Program. If the landlord is responsible for the improvements it is the applicant s responsibility to ensure the landlord understands and complies with the CCDC s EBO policies. According to the estimates provided in the application, 20% of the total project cost would be approximately $. Documentation of compliance with the EBO Program is a closing requirement. If the requirements of the EBO Program are not met, the CCDC reserves the right to cancel the incentive. Utilization: retailers are required to utilize minority-owned businesses that are certified in order to receive credit for the utilization of a minority-owned business. Retailers must document all minority-owned businesses to be utilized, their percentage of utilization, and their intended use of funds. Such information should be submitted with the application on EBO Form A - Proposed Utilization Plan. After an application is approved, the retailer shall be required to attend a conference with the DMC prior to executing their plan. The primary purpose of this conference is to finalize the minority-owned business participation as outlined in EBO Form B Business Utilization Plan. Post-Award Change: Any retailer who determines that a minority-owned business identified on EBO Form B Business Utilization Plan cannot perform shall request approval from the DMC to contract with an alternate by submitting EBO Form C Explanation of Changes to Original Utilization Plan. Such request will be reviewed and approved only after adequate documentation for the proposed change is presented. Monthly Certification: Each month the retailer shall submit EBO Form D Monthly Business Utilization Record of Payments Report, certifying all payments made to minority-owned businesses. Unavailability: If retailer efforts to obtain minority-owned business participation are unsuccessful due to the unavailability of the minority-owned business, the retailer will submit a statement of unavailability on EBO Form E - Solicitation Certification Form. Credit for Minority Participation in Joint Venture: A joint venture consisting of a minority owned entity and nonminority-owned entity will be credited with the minority-owned entity s participation on the basis of the percentage of the dollar amount of the work to be performed by the minority-owned entity. The DMC will maintain a database of minority-owned businesses. The database will be made available to assist developers in identifying minority-owned businesses with capabilities relevant to contracting requirements, joint venture and partnering opportunities. If the retailer utilizes a minority-owned business that is not listed on the DMC database, the retailer is responsible for assuring the certification of the minority owned business. Applicant Signature: Date:

12 Equal Business Opportunity Program Proposed Utilization Plan Bidder/Proposer/Developer: Project Address/Description: Date Submitted: Contact Person: The above named company proposes to use the services of the following listed firms. Name/Address/Telephone Ownership Status Certifying Agency Type of Work Subcontract Dollars $ % Subcontract Percentage $ % $ % $ % Total MBE: $ % Business Ownership Status Minority Owned MBE Women Owned WBE White Owned WOB Other Non-certified MBE/WBE Total WBE: $ % Total White: $ % Total Other: $ % I certify that the above information is true to the best of my knowledge: Signature Title Date