HomeMy WebLinkAbout29718 / 79-23�Pt�'ir�x 7, 19 73
# 2 3 RESOLUTIf7N
F�JF��?t�S� : AUTf-IORIZATTON QF THE �UI,ES P REfi�fiU�.AT.T.ONB, ADID STIP'tTIATIOI�TS CC7�I-
CE£d�1ING THE �IOR RII�IOUAT�Oi�� �RAN'I' �� ]I3 THE C�N�`£lAL
F�CTSIlQESS DISTRICT. �
� • �� : �r �+� • - c �� • •� � � • •• �
W��, Cc�a��.ty Devel�nt mo*iie� i or th� re�f�ax�ation �nd rene�,�l o£
the Ci_ta's Central Business District are ava.ilai�le t� aid in tYie assistanae �or
Capitat Imprav�e.m�nzs oi the Central Busin�ss District; and
Y�[-IF�F.A.S, the City of Oshkosh is det��ned �:o s��_k �inavati� prc�raming
far �h� �.rx��a3irag of its centxal business clistrict; and
WiIF�tEAS o the attached rules, z-egula�i,ons and stiptalati.ons wr�uld aca$rg�li�h
a cc�rci2.i rehabilitatian by alla,rixr..7 rc�c�tii�es �o k�� used fcr t?v� out;,.�id� x�ea�ov�.tior,
af structures p and
WriF.�EAS, piiulic meetings h�ve been hzld tc� di$cuss these x�il.es, regulation�
and stipulatians. �
I�d� 'I'�IF�r.�"'�'OFE, 8E IT Rr"�OL� by th� �rtr�on Cowncil of. the City Of OS�1}C05�'1
that the City Man�ger .is authorized and cuxec�ted to in.i.ta.ate the program af
r�n��rcial rehabilitatian in the aentr�l business district as outlined an the
at�-..ar..h.ed mesrorandu*is and to ing.alem�.nt t,Y� ��vgr�n as autlinec�, for the exterior
renov3ti�n �o£ ccx�a��rcial buildings lyin.g ��ri.th.in the central busi.ness district.
Sr,JgMITTED BY
-23-
l
�RAFT GUIDELIPIES
'OMMERCIAL REHABILITATION ASSISTANCE PROGR.AP�
�ITY OF OSHKOSH
�1UGUST , 19 7 8
FUNDED 64ITH :
�OP^,MUIQITY DEVELOPMENT BLOCK GRAPdT
1.
II.
III.
IV.
V.
vl.
VII.
VIII.
Ix.
TABLE OF CONTENTS
Goals and Objective5
Program Overview
Project Area
Eligible Appiicants
Project Costs
Application Procedure and Review
Design Standards
Securing Financing
Rehabilitatio�i Assistanc� Payments
1
2
2
3
3
4
5
6
6
ExHisiTs
A. Project Area Map
B. Statement or Applicant Regarding Participation of Neighboring Businesses
C. Owner's Authori�ation to Undertake Rehabilitation Activities
D. Assurance of Availabitity of Financing
E. Estimate Su�imary Sheet
F. Rehabilitation Agreement
1. Pragram Goals and Objectives
The Commerical Rehabilitatinn Program is designed to meet the following
goals and objectives.
GOALS:
1. The stimulation and st�bilization of the commercial economic base in
the City's Central Bus�ness District (CBD).
2. The p�ovision of an ec�nomical and cost-effective mechanism to facilitaCe
the exterior renovation of commercial structures located in the CBD.
3• The ability to leverage public and private funds for exterior improvements.
4. The accomplishment of these goals while being consistent wi�h federal
and state regulations.
5. The aesthetic improvement of the appearance of the City's CBD.
OBJECTIVES:
1. To concentrate limited funds in an easily identifiable area, sufficient
in si�e to maximize visual impact.
2. To create a public/private commitment �o provide a financial mechanism
for financing needed improveme�ts.
3• To develop a funding mechanism which will provide viable incentives to
the business man designed to facilitate a suc�essful Commercial Rehabili-
tation Program.
4. To assure consistency with oth�r ongoing ahd proposed capital improve-
ments in the CBD.
5. To coordinate a Commercial Rehabilitation effort with local lending
and financial institutions.
6. To design a program which allows flexibility and reduces risk in sub-
sequent program years.
%. To expand the citizen participation process to specific program
design.
7he funds in the program witl be obtained from both Federal Community
Development Block Grant funds and commitments from local lending insti-
tutions. �ach participating business will secure its own funds to cover
the cost of eligible work activities described in these guidelines.
°1-
II. Program Overview
The City's CBD is in need of exterior �epairs both to enhance downtown
aesthetics and to increase the CBD's attractiveness and viability as a
retail center. However, the cost of rehabilitating all businesses on the
north and south sides of the river are p�ohibitive and available funds are
limited. Program objectives have been designed to provide for maximum
impact through concentrated activity. To accomplish this, the program has
been designed to stimulate competition between blocks and in doing so
places considerable responsibility on the tocal business to coordinate and
organize specific proposals.
To be eligible for assistance, it will be incumbent on the business to
organize on a black-by-block basis and contract with an architect to
develop a rehabilitatinn scenario consistent with the standards contained
in these guidelines. Based on the scenario, proposals�can be developed by
participants on a block-by-block basis. Businesses should attempt to
involve as many establishments per block as is feasible. The proposals
will then be review�d by the Commercial Rehabilitation Review Committee
(CRRC). Highest priority wfll be given to proposals which involve a relatively
high numbe� of businesses per block. However, the guidelines do not prescribe
a minimum amount of participants. Theoretically, a block with one participating
business may submit a proposal as easily as a block with ten participating
businesses.
The CRRC will evaluate all proposals agalnst the criteria set fo�th in the
guidelines and select the proposals whfch best meet the intent of the
program. Upon approval, participating businesses are free to finalize
financing based on the design proposal and program guidelines. Upon
securing financial commitment, program funds will be used to finance
conventional downpayments or their equivalents if a business is able to
finance the project without securing a loan, provided that financing is in
accordance with the program guidelines and that the work to be completed
under the loan meets program standards.
Once design proposals are approved and financing is secured, the final
plans and specifications can be prepared by the architect. The businessman
then obtains not less than three estimates. The estimates a�e then submitted
to the CRRC and the most responsive bidder is selected. This decision may
be made jointly between the businessman and CRRC. The funds to cover
construction costs will be secured from individual businesses on a proportional
basis.
II I. Project Area
The project area has been defined in such a manner a� to provide maximum
opportunity for atl commercial entities located in the CBD. Portions of
the project area ar� largely residential with some commerciai land use.
These areas have been included in order to p�ovide opportunity for all
businesses. However, priority will necessarily be given to proposals which
are submitted for intensety commercial areas. Depending on demand and the
success of the program, the project area may be modified in this or sub-
sequent years. (See Appendix A)
�
IV. Eligible Applicants
The program is open to all commercfal proprietors and tenants who have
secured the cooperation of the property owner. In situations where proper-
ties are tenant occupied, responsibility for repaying the loan may be
vested with eithe;, or a combination of both parties. However, to be
eligible for program funds, tenants must provide evidence that the owner
fully understands the program and is aware of his responsibitities, if
any.
V. Project Costs
The program is designed to faciliCate exterior imp�ovements in a concen-
trated manner throughout the CBD. Therefore, costs will be limited to
those related to exterior renovation. Includ�d in exterior renovation are
the following types of improvements:
(1) Facade treatment of exterior frontages.
(2) Renovation of entryways.
(3) Replacement and/or improvement of windows and doors.
(4) Modification of exterior entryways to facilitate access by the handi-
capped.
(5) Facade and renovation of exterior side and rear frontages provided
that the frontages presently, or as the result of existing or proposed
Capital Improvements Programs, provide for pubtic access.
(6) Removal of protruding signs and replacement with signs in accordance
with the City's Sign Ordinance. (See Part VII)
(7) Purchase and integration of street furniture.
(8) Architectural fees relating to the preparation of plans and specifica-
tions.
(9) Repair and/or modification of deteriorated roofs.
The following types of costs are not includable as project costs:
(1) Any inte�ior and/or structural improvements to the property.
(2) Any improvements not in accordance with program guidelines and design
standards.
(3) Any improvements not compatible with the project design scenario.
(4) Any improvements in violation of any existing local State or Federal
cnde or ordinance.
�5) Any work contracted for or completed prior to the approval of an
application for funding under the program.
-3-
PART VI
Apptication Procedure and Review
Prior to the submittal of an application, the applicant must:
A. Attempt to secure the participation of other businesses located on the
block. Evidence of effort must be submitted with the application.
B. Obtain from an architect or a qualified contractor the design schematic
of the block to renovated. 7his schematic need not be detailed but
should address each structure to be renovated as well as present a
clear architectual style.
Once the above steps have been completed, a group of businesses may submit an
application which must include all of the following;
A. The architectural schematic.
B. The evidence of commitments from all participating businesses.
C. Evidence that all participating businesses have written authorization
from the property owner (if applicabte).
D. Evidence that a Lending Institution is willing to commit funds. If a
definite approval from a l�nding institution is not obtainable, a
letter of intent from the lender pending applitation approval will be
sufficient. tf a business does not intend to utilize conventional
financing, but intends to furnish its own capital, evidence that
sufficient capital is available must be submitted with the application.
E. A breakdown of the types of work to be undertaken.
F. A timetable for implimentation.
G. A written assurance that upon project approval, all of the businesses
included in the proposal will sign a Rehabititation Agreement between
the business and the City of �shkosh. The assurance must be executed
by all businesses included tn the proposal.
Upon receipt of an application the Department of Community Development will
ascertain that all necessary documents are in order. If items are missing, the
applicant will be required to furnish the information prior to application
review. Once applications are in order, they will be submitited to the CRRC for
revlew.
The CRRC will evaluate proposals against the following criteria:
1. Percentage of businesses in the proposed area to be renavated.
2. Cost effectiveness.
3. Architectural design. In addition to overall design suitability a]1
proposats must provide for the following:
�
A. Removal of protruding signs.
B. Comprehensive and integrated renovation.
C. Integrated streetscape coordination. Lighting, benches, etc. must be
functionel, maintainable, and consistant with design and safety standards.
4. Timely completion of the project.
5. Removal of architectural barrfers to the handicapped.
6. Consistency of building materials, auxilary structures, and overall design
with adjacent structures.
7. Consistency with existing and proposed capital improvements programming.
8. Relationship of the project to historic preservation efforts.
9. Compliance with local, State and Federal Building Codes.
10. Financial status and capablity of the applicant.
All the criteria shall be judged equally with the exception of number I. This
factor will be given the highest priority as the primary objective of the
program is to maximize impact. Only tihe proposals which meet all the criteria
will be funded.
PART VII
Design Standards
The following standards should be cohsidered in the preparation of an application:
A. Historic Preservation.
Many of the structures downtown have attractive and historical architect-
ural styles. Modernized facades could erradicate this asset. Design
schematics should attempt io preserve the style of these structures.
i
B. Removal of Protruding Signs.
All proposals must eliminate protruding signs as outlined in the City
of Oshkosh Municipal Code Section 30-22. Signs included as rehabili-
tation costs must comply with this ordinance.
C. Rehabilitation Limited to Exterior Work Only.
All work covered under the application must be exterior work only.
The business may elect to undertake interior renovation, but any costs
related to interior work will be bor�e solely by the business and not
includable in the total cost computed for determining the rehabilitation
assistance payment. (SEE SECTION IX.)
D. Provision of Access to the Handicapped.
Any modifications of entryways or exits must comply with the Wisconsin
Administ�ative Code; Buildings, Heating, a�d Ventilating, Section IND
52-04. This section relates to the provision of passable entryw�ys
for the handitapped.
_5_
�
E. Compliance With Al1 Applicable State, Local and Federal Building
Codes.
Al1 work must compty with all applicable State, Local, and Federal
building codes. All appticants must apply for building permits prior
to undertaking any work.
PART VIII
Securing Financing
Each participating business will secure financing from the Lending Institution
of its choice. The term and interest rate on the loan will be subject to
market conditions. Participation in this program will not preclude any Lending
Institution from establishing terms and conditions as it deems necessary.
Prior to the approval of an application, the applicant must assure the City that
it has secured commitments or conditional commitments pending application approval
from a Lending Institution.
If an applicant is ur�able to obtain financing from a local lender, the City will
provide technical assistance if the applicant desires to apply to the Smalt
Business Administration for a guaranteed loan. Howevar, approval of an application
will be based only on those applications which have complied with the above
mentioned criteria relating to evidence of cmmitment.
If a business possesses sufficient capital to finance the project without entering
into a loan agreement with a lender, evidence of that capital must be presented.
PART IX
Rehabilitation Assistance Payments
Upon approval of an application, the City and the appticant will execute a
Rehabilitation Agreemer�t. Subsequent to the execution of the agreement end
pursuant to the terms of the agr�ement, the City will award to the applicant a
grant in the form of a Rehabilitation Assistance Payment. The payment will be
in the amount necessary to finance the downpayment on a loan or to compensate
the business which utilizes its own capital in an amount that would ordinarily
be required to finance the project if the business was securing funds from a
lender. The funds must be used to cover the costs of rehabilitation as approved
by the CRRC and based on the lowest of the estimates secur�d by the applicant.
The payment shall be the lower of the foltowing amounts:
A. The amount of the downpayment as determined by a Lending Institution,
or an equivalent amount if the business utilizes its own capital; or
B• $5,000.00
In addition to the acutal cost of work to be undertaken, the cost of archi-
tecural fees may be included in the loan amount. As such, a portion of the
architecural and e�gineering fees will be borne by the City.
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�7u EXHIBIT A
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COh1MERC I AL RE€1A6 ! L 17AT I ON ASS I STyNC€ P ROGRAM
EXhiIBIT B
Stat�ment of Applicant Regardir��
Participation of Neiqhboring Business�s
I have attempted to elicit the participation of the following neighborin�
businesses on my block:
NAME OF BUSINESS ADDR�SS
Of the business�s listed above, the following will participate in a concentrated
effort to renovate the block by applying fer funds und�r this program:
NAME OF BUSINESS
ADDR�SS
NOTE: Only one form per group of bu�ine�ses is r�quired.
SIGNATUR€ OF APPLfCANTS
�
COMMERCIAL REHABILITATION ASSISTANCE PROGRAM
EXHIBIT C
Owner's Authorization to Undertake
Rehabilitation Activities
As legal owner of the structure housing �
NAME OF BUSINESS
located at , I hereby authorize
ADDRESS
to undertake exterior rehabilitation
NAME OF APPLICANT
of the structure. I have read and fully understand the guidelines governing the
program and understand that financial obligations will be borne by:
(Check One)
Myself The Tenant Both Parties
That in consideration of my receiving benefit from this rehabilitation
program, the undersigned owner of the structure located at ,
City of Oshkosh, hereby releases the City of Oshkosh from all debts, claims,
demands, damages, actions and causes of action whatsoever which may result from
said rehabilitation action to be undertaken, and the undersigned further agrees
to hold the City of Oshkosh free and harmless from any claim for damages which
may be made by reason of damages or injury to persons or property cornected
therewith.
Furthermore, that in consideration of my receiving benefit from this
rehabilitation program, the undersigned o�vner of the structure located at
, City of Oshkosh, hereby agrees that the City of Oshkosh
will not be liable in any way for any expenses from, and the owner �•�ill not be
entitled to any reimbursement or compensation from the rehabilitation project
and/or its final results, and that the owner agrees not to make any claims
against the City of Oshkosh far defects in the finished rehabilitation project.
IN WITNESS WHEREOF, I/We have hereunto set my/our hand(s) this day
of , 1978, and in the case of a corporation, by its
authority.
In the Presence of:
Owner of
�
COMMERCIAL RENABILITATION ASSISTANCE PROGRAM
EXHIBIT D
Assurance of Availability of Financin
By executing this document, I h�reby as�ur� the City of Oshkosh that:
A. I have contact�d a lender and am satisfied that financing will be
available for th� purpo�e� of renovating my busin�ss at terms and
conditions agreeable to both parties and that said financing will
be available to me a� th��time my application is approved.
�
B. I posse�s sufficient capital to finance the improv�ment to my pro-
perty and that said capital will be avaiiable when my application
has been approved.
I am aware that failure to have available financing at the time my application
is approved will disqualify me for participation in this program.
SIGNATURE OF APPLICANT DATE
COMMERCIAL REHABILITATION ASSISTANCE PROGRAM
EXHIBIT E
Estimate Summary Sheet
Department of Community Development
215 Church Avenue
Oshkosh, Wisconsin 54901
4ti4-0302
Dear Sir:
�3
( have obtained the following estimates from contractor(s) to work on the rehabili-
tation of the property located at .
Type of work
Contractor Address City Amount of Est.
I have been advi�ed and approve of the nece�sary work that has to be done on my
property and I have reviewed the description of work with the above referenced con-
tractor(s) .
I further agr�e that there will be no changes in the scope of the work unles� needed
to satisfy the program guidelines.
I understand the above referenced estimates will be r�viewc�d by the CRRC and myself,
and that contractor(s) will be selected from this list only.
DATE SIGNATURE OF APPLICAN
NAME OF OWNER
COMMERCIAL REHABILITATION ASSISTANCE PROGRAM
EXHIBIT F
Rehabilitation Agreement
PRbPERTY ADDRESS
City of Oshkosh
DATE 0� BID Departm�nt of Community Development
Box 113�
215 Church Avenue
Oshko�h, wl 54go1
The undersi�ned contractor p ropose� to furnish labor and m�terials in accordance
with the Commercial Rehabilit�tion Assistance Program for the sum of $ ,
with the payment to be made in a lump sum after approved final inspection of work.
All materials are guarant�ed to be as specified. All work shall be completed in a
workmanlike manner according to standard pr�ctice�. Any alte�ation or deviation
will be executed only upon written cons�nt of the property owner, contractor, the
Department of Community Developme��, and the CRRC. No �x�ra co�ts will be paid when
the contractor ha� ��glected to properly evaluate the ex�ent of the rehabilitation
work. The contractor in all ca�es shall l�ave the work in a finished condition as
determined by acceptable buildi�g standards and the Department of Community Develop-
ment. All agreements are con�ingent upon strikes, accid�nts, or Acts of God. The
owner will carry fire, �xtended coverage, and all oth�r neces�ary insurance. The
contractor's workers shall be covered fully by Work�en's Compen�ation Insurance.
The contracfior shall procur� and maintaih Contractor's Bodily Injury and Property
Damage Insurance, in�luding operations, compl�t�d oP�ra�ions and products in the
following limit�: Bodily Injury Insurance in an amount not less than $100,000 for
injuries, including accidental d��th, to any o�e person, and not less than $300,000
on account for one occurr�nce; Property Damage Insurance in an amount n�t les� than
$50,000 for each occurrenc� and $100,000 aggregat�. The contractor shalt furnish
evidence of this comprehensive liability coverage protectin� the owner.
No work shall be commenced by th� contractor until he �as a written order to pro-
ceed from the owner/Department df Community Development. Work will begin no later
than seven (7) days after the ord�r to proceed has b�en issued. Al1 work shall be
satifactorily completed within ni�ety (90) days from the st�rting date.
The contractor will keep th� premi�e� cl�an and ord�rly during the course of the
work and remove �11 d�bris at th� compl�tibh of th� work. Materials and equipment
that have been removed and replaced as part of the work shall belong to the con-
tractor and will be removed frbm th� premis�s.
The contractor will not assign the Contract without the written consent of the owner
and the Department of Community Development. The request of a�signm�nt will be ad-
dressed to �he Department of Community Development.
The work
ceptance
furnish
rant i es
will be guaranteed for a period of one (1) year from the date of final ac-
of all work required by th� Contra�t. Furth�rmore, th� contractor will
the owner with all manufacturers' and supptiers' written guarantees and war-
covering materials and equipment furnish�d under this Contract.
i�l-�e can; racts�r wi 1 i permit the De�arrtment of Commur�ity Developmer�t to exarnine and
inspect all rehabilitation work.
The owner will permit the contractor to use, at no cost, existing utiiities, such
as light, heat, power and water, nec��sary to carrying out the completion of the
work. The owner will cooperate with the contrac�or to facititate the performance
of the work, including the r�moval and r�placem�nt of rug�, coverings and furniture,
if necessary.
The contractor will furnish the owner affidavit and 5atisfactory release of liens
or claims for lier�� by the subco�itractors, ]aborers, and material suppliers for
completed work or installed mafi�rial.
For the considerations named herein, the contractor propose� to furnish all materials
and do all the work described in, and in accordance with, the Contract identified
above for the lump sum pric� of $ ,
CONTRACTOR (Firm Nam�
CONTRACTOR Signature
ADDRESS
CITY AND STATE
DATE OF CONTRACT
ACCEPTANCE AND SIGNATURE OF OWNER
ADDR€S�
CITY ANb STATE
DATE OF ACCEPTANCE
APPROVAL AND SIGNATURE; DEPARTMENT OF COMMUNITY DEVELOPM€NT
City of bshkosh
P.O. Box 1130
oshkos�, wi 54901
DATE OF APPROVAL
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