Commercial Water & Sewer Impact Fee Assistance

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1 Commercial Water & Sewer Impact Fee Assistance Introduction This program has been created to encourage new business in the downtown area. The program is meant to diversify the business mix, expand the normal hours of operation in the downtown, and to utilize downtown resources more effectively. Program Objectives The primary objective of the Water & Sewer Impact Fee Assistance is to encourage revitalization and preservation of commercial buildings by offering limited financial and technical assistance. The goal is to stimulate reinvestment in the downtown area, to preserve and renew the traditional retail business district and establish the downtown as a center for convenient pedestrian oriented commercial activities. Project Goals Specific goals of the Water & Sewer Impact Fee Assistance are as follows: 1. The elimination of blighting influences and prevention of further deterioration of commercial properties in the B-1 Zoning District and the Main Street Corridor and the B- 3 Zoning District (bounded by Orlando Avenue, Beaumont Avenue, south of Emmett, north of Bryan) or such other street corridors deemed conducive. 2. The elimination of conditions which are detrimental to the health, safety, and welfare of the residents and users of the downtown area. 3. The rehabilitation or preservation of properties of special value for historical, architectural, or aesthetic reasons. 4. The provision of a pleasing and aesthetically acceptable shopping district. 5. Conservation of existing building stock. 1

2 Program Guidelines 1. Funds shall be allocated on a first come first serve basis. Only one grant shall be awarded per building. Tenants may qualify upon receipt of written consent from the owner of the building. 2. No grants will be awarded to government owned properties, to tenants in government owned properties, non-profit organizations, or office conversions % of impact fees will be paid by the assistance program at the front end of the project. 4. The remainder of the impact fees would be paid by the business owner over a 5 year period in annual interest free payments. A Grant Agreement with the CRA shall be executed. 5. If the business still exists at the end of 5 years, and the owner s portion has been paid, the grant is forgiven and total value of impact fee stays with the building. 6. If the business closes within 5 years, only that portion of impact fee paid by the owner stays with the building, the grant portion returns to the City. Eligibility Requirements The Market Analysis report has recommended the following types of businesses as currently the best to be added to the existing downtown business mix. A. Restaurants B. Specialty Shops C. Gifts and Cards D. Arts and Crafts, and Book Stores E. Gourmet Food Shops Selection Considerations: A. Facilitates the proper balance of commercial enterprises to create a more diversified business environment. B. Encourages community based, individually owned, businesses. C. Quality new construction projects that increase the tax base of the CRA. D. Enhances the pedestrian friendly atmosphere of downtown. E. Promotes reuse of vacant or underutilized building. F. Provides for expanded periods of operation beyond normal business hours. 2

3 Relocation It is not the intent of the Community Redevelopment Agency to engage in any revitalization activity that requires vacating property. Nondiscrimination The Water & Sewer Impact Fee Assistance shall be available to anyone meeting the eligibility requirements, and no one shall be denied the benefits of said program because of race, color, national origin, or sex. Program Procedures 1. The applicant obtains an Impact Fee estimate in writing from Toho Water Authority. 2. Only completed applications including all supporting documentation will be accepted. Applicant will provide detailed information on proposed business. 3. CRA and City Staff if applicable, review application for compliance. 4. Application is placed on the CRA Agenda for final recommendation. CRA meets on the fourth Monday of each month*. 5. Upon CRA Board approval, a letter of commitment is provided to the applicant. 6. Grantee is responsible for obtaining any permits required to do the project. Cost of permitting cannot be part of the grant funding. 7. The CRA Board reserves the right to grant additional money to targeted projects that they believe will have a significant impact on the area. 8. Staff will be available to offer any assistance needed and may seek outside guidance on any project being considered for the grant program. 9. Once approved, CRA staff coordinates with Toho Water Authority for 50% payment. Toho Water Authority will bill the applicant annually beginning 1 year from date of Grant Agreement. *Meeting dates are subject to change 3

4 Supporting Data Checklist for Applications Type of Business (Check One) Restaurants Specialty Shops Gifts and Cards Arts and Crafts and Book Stores Gourmet Food Shops Selection Consideration (Check all that apply) Facilitates the proper balance of commercial enterprises to create a more diversified business environment. Encourages community based, individually owned businesses. Quality new construction projects that increase the tax base of the CRA. Enhances the pedestrian friendly atmosphere of downtown. Promotes the reuse of vacant or underutilized building. Provides for expanded periods of operation beyond normal business hours. Is business located in B-1 Zoning District, the Main Street Corridor, or the B-3 Zoning District (bounded by Orlando Avenue, Beaumont Avenue, south of Emmett, north of Bryan). Yes or No (Circle One) Addendum A: Describe below or attach an additional sheet to the application of why this business qualifies for Water and Sewer Impact Fee Assistance. 4

5 Water & Sewer Impact Fee Assistance Application Applicant Name: Mailing Address: Business Name: Property Owner: Property Address: Contact Person: Applicants phone number: Address Total Amount of Impact Fees Written Estimate Received Supporting Data Checklist must be included with application. Application will not be reviewed without all supporting data. I hereby submit the attached estimate and supporting documents for the proposed project and understand that the Kissimmee CRA Board must approve this application. No work shall begin until I have received written approval from the CRA. I further understand I will be billed annually by the Toho Water Authority for the remaining 50% of the impact fees over the next 5 years. Print Name Date Signature of Applicant 5

6 KISSIMMEE COMMUNITY REDEVELOPMENT AGENCY GRANT AGREEMENT FOR WATER AND SEWER IMPACT ASSISTANCE THIS AGREEMENT is made this day of by and between the Kissimmee Community Redevelopment Agency a statutory body politic; (hereinafter referred to as Grantor) and (hereinafter referred to as Grantee) and each represents to the other as follows: WITNESSETH: WHEREAS: Grantor is a statutory body politic, established by the City to encourage redevelopment of certain areas within the City; and WHEREAS: Grantor has determined a need to stimulate redevelopment of the downtown business district of the City, and WHEREAS: Grantor has created an Impact Fee Assistance Program which contain certain Grantee obligations, which will stimulate redevelopment of the downtown business district of the City; and WHEREAS: Grantee has qualified for and is desirous of becoming a recipient of said Impact Fee Assistance Program and has been previously approved by the Board of Commissioners of the Community Redevelopment Agency; NOW THEREFORE in consideration of $10.00 and other good and valuable consideration, each party mutually agrees and promises each to the other as follows: 1. The above recitals are true and correct and incorporated herein. 2. Grantor agrees to pay to the Toho Water Authority on behalf of the Grantee, 50% of the Water and Sewer impact fees assessed against the Grantee for the real property located at, Kissimmee, Florida, Grantee shall timely pay the remaining 50% of the Water and Sewer Impact Fee assessed against the real property in five (5) equal annual installments beginning 12 months from the date of the Agreement and each year thereafter. 4. This Grant is given on the condition that the Grantee faithfully complies with the terms and conditions of this Agreement; with the qualification/evaluation criteria, and on the condition the business permitted at that location remains open for business for a continuous period of 5 years and each annual installment. 6

7 5. If the Grantee fails to abide by the terms of this Agreement or the business fails to remain open for business for the 5 year period, then this Grant shall be revoked and only those water and sewer impact fees paid by the Grantee shall be credited towards the location. 6. Time is of the essence. 7. It is mutually agreed by and between Grantor and Grantee that each of the parties do hereby waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. IN WITNESS WHEREOF, the parties have placed their hands and seals on the date first above written. Witnesses Print Name Print Name By: Property Owner/Applicant By: Property Owner/Applicant STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me this day of, by and/or he/she is personally known to me or produced as identification. Notary Name: Stamp: ATTEST: City Clerk COMMUNITY REDEVELOPMENT AGENCY By: 7

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