HomeMy WebLinkAbout1983-05-23 83-201 ORDER83-201
Introduced by Councilor Jordan, Mqy 23, 1983
CITY OF BANGOR
(TITLE.) @rbtj ..............est blishing a Facade L.o.a..n Pool Program
. ..
By ag City geii of City of Biases.
ORDERED,
THAT WHEREAS, the City Council of the City of Bangor has enacted
the Bangor Center Revitalization Area Ordinance, which Ordinance
establishes minimum property rehabilitation standards for properties
located within said Area; and
.WHEREAS, the City Council is desirous of having the City
of Bangorjoin with several lending institutions in the community
to establish.a Facade Loan Pool Programfor the purpose of providing
financial assistance for the required rehabilitation improvements;
NOW, THEREFORE, IT IS HEREBY ORDERED BY THIS CITY COUNCIL
OF THE CITY OF BANGOR THAT:
'(1) The "Bangor Center Revitalization Area Facade Loan
Pool Program", a copy of which is on file in the Office of the City
Clerk and incorporated herein by reference,- is hereby approved and
adopted.
(2) The City Manager is hereby authorized to enter into
and execute, on behalf of the City of Bangor, such participation
agreements with the private lending institutions as may benecessary
to implement the Facade Loan Pool Program. Provided, however,that
such agreements must be approved by the Community Development Committee.
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PART I
PART II
BANGOR CENTER REVITALIZATION AREA
FACADE LOAN POOL PROGRAM
GOALS
1. To provide -a program for the effective pooling of
public and private funds for the exterior rehabili-
tation of buildings and improvements to store front
signs in the Bangor Center Revitalization Area i
order to prevent further disinvestment and to
encourage rehabilitation which visibly enhances
the downtown.
ELIGIBILITY CRITERIA' -
2.1 General
A Facade Improvement Loan may be made for the
rehabilitation of building exteriors and/or improve-
ments to store front signs. The term"building
exterior" is defined as any portion of the building
from the interior finished wall to the exterior wall
surface, excluding the interior finished wall but
including the exterior wall surface, exterior wall
insulation and roofing. The treatmentofwindows
will be an allowable rehabilitation cost only where
in the judgment of the Revitalization Area Design'
Review Committee, the proposed window treatment will
serve to preserve, restore Or enhance the building's
original design features. "Improvements" to store
front signs is understood to mean the alteration,
replacement, or removal ofsignsaffixed to building
facades and sidewalks. Any existing businesses,
property owners, or tenants, a well as those
establishing
e
new businesses within the Bangor Center
Revitalization Area, are
eligible to participate. In
order to qualify for aFacade Improvement Loan, both
the applicant and the property to be assisted must
meet the minimum eligibility criteria set forth in
Sections 2.2, 2.3, .and 2.4.
2.2 Property Eligibility
To qualify for a Facade Improvement Loan, the property
to be assisted must be located within the Bangor
Center Revitalization Area (hereinafter "Area"), the
boundaries of which are delineated on the Bangor Center
2
Revitalization Area Map attached hereto as Exhibit
A and incorporated herein by reference.
The term "property" is understood to mean either
a building (detached or within a block) or a store
front within a building.
2.3
Applicant Eligibility
To qualify for a Facade Improvement Loan an applicant
must:
a. Provide suitable proof of ownership, or for
lessees permission from the owner and suitable
proof of a leasehold interest, for the property
to be improved.
b. Have paid all City property taxes.
2.4
Applicant must provide suitable evidence of ability
to repay the Facade Improvement Loan.
PART III LIMITATIONS OF FACADE IMPROVEMENT LOAN '-
3.1.
Loan funds can only be used for exterior rehabilitation/
'sign improvements approved by the Design Review Committee
and/or the City's Zoning and Code Enforcement Admin-
istration Officer.
3.2
Maximum Facade Improvement Loan.
a. The maximum loan to a property owner for exterior
building rehabilitation is $30,000 per property
or individual business or the actual cost of
the work, whichever is less.
b. The maximum loan to a lessee for exterior
building rehabilitation is $5,000 per lease-
hold property or individual business or the
actual cost of the work, whichever is lees,
Provided, however, that a lessee may borrow
the amountn
unt set forth i subparagraph a. above
_ if the loan is secured by sufficient collateral.
The maximum loan amounts set forth above relate only t0
loans under this Program, and shall not be construed as
a limitation on other sources or amounts of financing
for rehabilitation activities.
3.3
The City of Bangor's participatory share of any Facade
Improvement Loan shall not axceed 5" of the total,
eligible amount of the loan, Or $15,000, whichever
is less.
3
.PART IV GENERAL TERMS AND CONDITIONS
4.1 General
This section sets forth the general terms and
conditions with which an applicant must comply
in order to process aFacade Improvement Loan.
The applicant must:
a. Complete an application at any participating
bank.
b. Agree to complete all of the rehabilitation
improvement activities funded through the
Facade Improvement Loan Program within one
calendar year from the date of Design Review
Committee approval of the same.
C. Provide plans, specifications, acceptable
oat estimates and/or contracts as required
by the bank.
4.2 Costs Includable In Loan
Eligible uses of Facade Improvement Loan funds are
improvements to the exteriors (front, side and rear)
of existing buildings located in the Bangor Center
Revitalization Area, subject to the review and
approval of the Rehabilitation Area Design Review
Committee, such improvements include:
a. The repair, cleaning and/or painting of all
visible surfaces of exterior walla.
b. The repair of deteriorated architectural
features where possible or replacement only
if necessary.
C. Removal of all extraneous elements on exterior
walls such as empty electrical boxes, conduits,
pipes, unused sign brackets, etc.
d. Repair or replacement of deteriorated gutters,
rain water leaders, and downspouts.
e. Removal of existing facades which are inappro-
priate and incompatible with the existing
structure or neighboring properties and replace-
ment of the same with such appropriate and
compatible facades as may be approved by the
Design Review Committee.
f. Repair or replacement of doors and windows where
appropriate because of their deteriorated condition
or to increase the efficient use of energy in
the buildings
a
g. Repair, removal or replacement of exterior
hardware and lighting fixtures.
h. Repair or replacement of soft awnings.
1. Removal, repair or replacement Of exterior
signs.
I . Surfacing of parking areas, walks, and plazas
with a hard, dustfree material.
k. Landscaping of yards and vacant lots.
1. Removal of exterior appurtenances Or accessory
ory
structures which s no useful purpose, aor
those in a deteriorated condition which are
not economically repairable.
M. Removal of existing fire escapes from the
front to the rear of the building, or such
other inconspicuous location on the building
as may be physically necessary or the painting
of existing fire escapes to minimize their
visual impact.
n. Building permits and relatedfees.
C. Architectural services for the foregoing
rehabilitation work to be financed through
the Loan Pool, not to exceed Be of the total
amount of rehabilitation work.
P. Certain coats and charges related to processing
the loan application, such as appraisal fees,
title reports for secured loans, and fees for
recordation and filing.
4.3 Application for Approval of Proposed Improvements
To be eligible for a Facade Improvement Loan,
applicant must obtain all necessary approvals and/or
permits from the City of Bangor. Furthermore, no
Facade Improvement Loan shall be made unless and
until the proposed improvement work has been reviewed
and approved by the Design Review Committee under
the Bangor Center Revitalization Area Ordinance.
4.4 Application for Financial Assistance
Applicants may obtain application forms for Facade
Improvement Loan financial assistance from a partici-
pating financial institution. Completed applications
for financial assistance, along with Revitalization
Area Design Review Committee approved plans and at
least two cost estimates, shall be presented to
the participating financial institution. All loan
applications shall require the approval of the
participating financial institution and the City's
Director of Planning and community Development, and
shall be contingent upon the issuance of a permit
by the City's Zoning and Code Enforcement Administration
Officer for the work to be performed.
,4.5 Loan cancellation Provisions
The lender, at its option, reserves s the right to
cancel an approved loan if, after60 days from the
date of execution of the note, the borrower has
failed or refuses to commence rehabilitation/improve-
ment activities, or, if after commencing work, a
period inexcess of 60 days of unjustified inactivity
urea Further, the lender, at its option, may
cancel an approved loan if the Owner has not fully
completed the rehabilitation/improvement activities
as required by Part 4.1 (b) above. Specific loan
cancellation or acceleration provisions shall be
contained in the promissory note. The borrower
shall have all rights of cancellation provided by
law.
4.6 Project Loan Note
At the time of final loan approval, the applicant
shall execute a promissory note (and mortgage if
required) for the full amount of the Facade Improve-
ent Loan. From this point on, the applicant will
be known as the "Borrower". The note/mortgage shall
provide for payment of the loan according to an
amoritization repayment schedule. The loan documents
shall 'establish the time and place for delivery of
payments, the amount, the maturity date, and shall
provide for any loan security or additional stipulations
is generally required by the particular financial
nstitution.
4.2 Interest Rate
All Facade Improvement Loans will carry a fixed rate
of interest for the full term of the note. In order
to provide borrowers with a lower effective interest
rate, the City's share of the Facade Improvement Loan
shall be at M interest.
4.8 Term of Loan
the maximum term of repayment of a Facade Improve-
ent Loan for exterior building rehabilitation is
10 years.
4.9 Loan Payments Late Chargees Loan Default and
Interest Penalty -
Open default, the Lender shall notify the Borrower
of his failure to comply with terms of the loan
agreement. At the discretion of the Lender, Lender
shall take all appropriate measures necessary to
correct this matter.
4.10 Loan Security
A Facade Improvement Loan for less than $5,000 need
not be secured by collateral. Loans of $5,000 or
more shall be secured by sufficient collateral,
preferably a mortgage on the improved premises.
The cost of preparation and registration of the.
security instrument shall be borne by the borrower
and shall be paidtothe participating financial
institution at the time of the loan closing, or
included in the loan amount.
4.11 Work Schedule
Borrower must agree to follow the recommended work
schedule deemed necessary by lender and the Design
Review Committee tocomplete the work satisfactorily.
4.12 Municipal Codes and Ordinances
Borrower must agree to follow the procedures and
conditions of all established and applicable municipal
ordinances in the rehabilitation of building exterior,
Completion of improvements and in future maintenance
of the improved property. Thn borrower also must
comply with all federal requirements as contained in
the loan agreement.
4.13 Bid Proposals and Self Hera
The lender shall require that an applicant secure
at least two cost estimates for each specific work
task requiring the services of a contractor or sub-
contractor. Standardized forms for bid proposals
will be provided by the Community Development Office
of the City's Department of Planning and Community
Development. The borrower is solely responsible to
invite and accept or reject any bid proposal.
-
Provided, however, that no person or entity appearing
n the current Department of Housing and Urban Develop-
ment consolidated list of debarred, suspended o
ineligible contractors may perform any work or receive
any payment in conjunction with a building facade
loan. No member of the Bangor City Council or other
public official who exercises any functions or respon-
sibilities with respect to the Community Development
Program shall have any interest, direct or indirect,
in any contract or subcontract, or the proceeds
thereof, for work performed in connection with a
building facade loan. If, however, the low bid is
not accepted for a particular work component, the
borrower must submit to the participating lending
institution and the City's Director of Planning and
Community Development a written statement which
explains the reason for accepting the higher bid.
Any contractor chosen must provide all necessary
expertise, equipment, and materials to satisfactorily
complete the respective task. Bid proposals may be
secured from and awarded to a member of the borrower's
family if the bidder (i.e. relative):
a) is a bona fide and skilled tradesman;
b) is not living in the same household.
as the borrower;
c) has no direct or indirect financial
interest in the property to be
rehabilitated; and
d) the relationship is disclosed i
writing by the borrower at the time
of bid proposal.
The borrower may assume any or all contractor respon-
sibilities if he can provide all necessary expertise,
equipment, and materials to complete the respective
task. The borrower, however, may not receive any
payment for his personal expertise and/orlabor. No
member of the borrower's extended family will be
reimbursed with Facade Improvement Loan funds for
unskilled labor provided. In all cases, the borrower
is responsible to satisfy the program's procedures
to obtain loan disbursement.
4.14 Inspection
Borrower must agree to permit reasonable inspection
during normal business hours bythe lender and/or
representatives of the City of the property, exterior
rehabilitation/improvement work, and all contract
.agreements, materials, equipment, payrolls, and
conditions of employment pertaining to the work.
4.15 Disbursement of Facade Immrovament Loan Funds
Disbursement of Facade Improvement Loan funds 1
contingent upon the completionofapproved exterior
rehabilitation/improvements acording to applicable
municipal codes and ordinances a verified by the
inspection of the City of Bangor. No money will be
disbursed to reimburse the borrower for exterior
rehabilitation/improvements made to the property
which were not approved by the Design Review Committee
before they were commenced.
4.16 Use of Funds
Any Facade Improvement funds not expended upon
completion of the approved exterior rehabilitation/
improvement work must be either returned to the
lender as a reduction of principal or used for
additional rehabilitation activities (submitted to
and approved by the Design Review Committee) for
the same property.
4.17 Prepayment of Note'
A borrower may prepay any or all outstanding
principal to the lender at anytime and without
penalty.
4.18 Transfer of Improved Property
Ownership of a property improved with Facade Improve-
ment Loan funds cannot be transferred unless loan'
repayment arrangements are approved by lender.
4.19 Insurance
A borrower is required to maintain hazard insurance
n the improved propertyforthe full term of the
note and for an amount equal to the total value of
all mortgages held on the property.
4.20 A borrower agrees to keep such records as may Be
required by the lender and as required in Attach-
ment G to CMB Circular No. A-102 with respect to
the rehabilitation work.
4.21 Points of Agreement with R t to Federal Regulations
The borrower must agree to abidebyall terms and
conditions of Federal Regulations governing the use
Of MEG funds, including but not limited to:
a. Federal Labor Standards
A borrower must abide by established minimum
wage rates (Davis -Bacon Act as supplemented
by Department of Labor regulations) for all
construction contracts awarded in excess of
$2,000.
b. Lead -Based Paint Hazards
Any loans made by the City of Bangor for facade
rehabilitation shall be made subject to the
provisions for the elimination of Lead-based
Paint hazards.
C. "Section 3"
Me borrower must comply with the Provisions
of Training, Employment and Business Opportunities.
d. Flood Hazard Insurances
If the property to be improved is located in
designated flood hazard area, the applicant is
required to carry flood plain insurance and
abide by the regulations of the Flood Disaster
Protection Act. of 1973.
e. Civil Rights Act of 1964
A borrower must not discriminate upon the basis
of race, color, creed, or national origin in
the sale, lease, rental or occupancy of an
improved property.
f. Interest of Certain Federal Officials
No member of, or Delegate to, the Congress of
the united States, no resident Commissioner,
shall be admitted to any share or part of this
Agreement or to any benefit to arise from the
10
g. Interest of Members Officers or EmploVees
OfOSerating Agency Members Of Total GOvernina
Body. or Other Public Officials
No member, officer, or employee of the city'a
Department of Planning and Community Development
or its agents or assignees, no municipal officers
of the City, and no other member of any board
or commission, elected or appointed official
of Bangor or employee of the City of Bangor who
exercises any decisionmaking functions o
responsibilities respecting the Community Develop-
ment Program shall have any direct or indirect
pecuniary interest as that term is defined by
30 M.R.S.A., Section 2250 at seq. in any contract
or subcontract, or the proceeds thereof for work
to be performed in connection with the program
assisted under this agreement.
h. Bonus Commission. or Fee
A borrower cannot pay any bonus, commission,
or fee for the purpose of obtaining the City
of Bangor's approval of the loan application,
or any other approval of concurrance required
by the City of Bangor or its designee to
complete the rehabilitation work, financed i
whole or in part with the rehabilitation loan.