GUIDELINES FOR BUSINESS MPROVEMENT GRANT PROGRAM BY THE SINTON ECONOMIC DEVELOPMENT CORPORATION  Section 1. Purpose.  The purpose oft this program is to promote the development and expansion ofi new and existing business enterprises within the designated downtown district oft the City of Sinton, Texas, (the "City"), and enhance the economic welfare of the citizens oft the City, by securing and retaining business enterprises and maintaining a higher level of employment, economic activity, and stability as well as to improve existing buildings as to attract new business. The program is designed to reverse the deterioration of the commercial structures in the targeted areas while enhancing efforts to market downtown properties and attract new businesses.  Section 2. Type and amount of grants.  (A) FACADE IMPROVEMENT 50/50 matching basis. Maximum grant amount is up to $5,000.00. Rehab ofbuilding facades visible to the street including new doors and windows, cornices, gutters, downspouts, awnings, canopies, painting (color, masonry cleaning, architectural features, exterior lighting fixtures) stucco, and brick work. Roof repairs, interior remodeling and replacement ofbroken glass in windows or doors are not eligible improvements. Facade improvements are subject to required building permit application, application fees, however, will be waived for grant recipients. The grant amount shall be up to but not exceeding 50% of (B) SIGNIMPROVEMENT: 50/50: matching basis. Maximum Grant amount is up to $1000.00. All signs shall comply with the City's Ordinance and are subject to application for a Sign permit. Sign Permit application fee, however, will be waived for grant recipients. New signs and/or renovation or removal of existing signs. The grant amount shall be up tol but not exceeding 50% of the cost of such improvements. (C) PROPERTY IMPROVEMENT: 50/50 matching basis. Maximum Grant amount is up to $1000.00. Items such as, but not limited to landscaping, parking lot resurfacing, striping, driveway improvement, and lighting. The grant amount shali be up to but not exceeding 50% oft the cost ofs such improvements.  the cost ofs such improvements.  Section 3.1 Eligibility.  (A) Any new business planning tol locate within designated downtown district of the City or any business currently located within the designated downtown district ofthe City shall be eligible for this program. (B) All buildings and facilities located within the downtown district oft the City at the time of adoption of (C) A business is defined as an occupation, profession or trade in the purchase or sale of goods in an attempt  these guidelines shall be eligible for this program.  tor make aj profit.    Section 4. Guidelines.  (A) Proof of applicant's ownership of the subject facility or facilities, or proof that the owner ofs such facility has approved the application for such grant funds, shall be required. Photographs of building and/or project (B) The owner ofal business to be operated within a leased facility and the owner ofs such lease facility must apply. jointly for the program. Copies ofal lease agreement and proofofownership oft the leased facility shall be (C) A business or property owner may apply for one (1) or more oft the three (3) types of grants per physical location (address) set forth herein within any fiscal year (October 1 to September 30). Al business that receives grant funding during a fiscal year shall not be precluded from making subsequent applications for funding in (D) All grants are reimbursement grants, and will only be funded after completion oft the project in accordance with drawings and specifications approved by the Sinton Economic Development Corporation (the "SEDC"), and after the applicant submits to SEDC proof of paid receipts for all applicable labor and materials. (E) Reimbursement grants are a cash match for funds disbursed by the applicant and are not to exceed the limits set forth in Section 2 (A), (B), and (C) hereof. In-kind contributions may not be used as any part oft the (F) The applicant shall be obligated to make the improvements in accordance with the application submitted to and approved by the SEDC. Thereafter, any modifications must first receive the written approval of either the SEDC or its President. Failure to obtain such written approval prior to making any such modifications shall (G) The applicant shall be responsible for obtaining all applicable permits related to the improvement project, and failure to do sO will: render the applicant ineligible to receive grant funding. (H) The improvements, as presented in the application, must be completed in their entirety. Failure to complete all of the stated improvements shall render the applicant ineligible to receive grant funding. (I) Upon approval ofa grant application, and during the construction oft the improvements, a representative or representatives oft the SEDC shall have the right, at all reasonable times, to have access to and inspect the (J) The applicant shall not begin any improvements prior to receiving written approval of grant funding from the SEDC. Work started prior to approval of grant funding shall not be eligible for reimbursement. (K) The applicant must complete the improvement project and agree that al business establishment will be open for business and in operation within six (6) months from grant approval by the SEDC board. Failure to complete the improvements and open the business establishment within the required time period shall be  should bei included with the application  required.  following years.  Photographs of the completed work shall also be required.  applicant's match.  render the applicant ineligible to receive grant funding.  work in progress.  considered in default and result in the loss of the grant funds.    (L) The applicant must agree that, ini the event of default ofi its obligations, the SEDC has the right to reimbursement for all attorney's fees and costs, which may bei incurred as a result of any legal action required to  seek reimbursement of all grant funding received by applicant.  Section 5. Application and Approval.  (A) Applications filed with the President on or before the first day of each month shall be considered at the next regular SEDC Board meeting or at such special Board meeting that may be called. (B) Applications must be made on a form provided by the SEDC, which form shall be made available at City  Hall located at 301 E. Market St, Sinton, Texas 78387.  (C) All applications must be approved by the Board ofDirectors oft the SEDC.  (D) An applicant shall be notified, in writing, of the SEDC's decision to approve or disapprove the (E) The SEDC may award grant funds to an applicant, with certain provisions, conditions, or other  application.  requirements the SEDC deems necessary or appropriate.  Section 6. Funding.  (A) Upon notification to the SEDC by the applicant that a project has been completed, an inspection by a SEDC representative or representatives shall be made to confirm that such project has been completed in accordance with the application, or any approved modifications thereto. Such notification shall include, but not limited to, documentation of paid receipts for materials, labor, permits, inspection reports, or any other item that (B) Within thirty (30) days following the inspection required inj paragraph (A) hereof, and confirmation of completion oft the project in accordance with the application, or any approved modifications thereto, the President oft the SEDC shall issue al letter of approval to the Board of] Directors. Funding authorization shall take place at the next regular SEDC Board meeting following the date oft the President's approval letter. (C) Within fourteen (14) days following an inspection and the presentation oft the receipts as provided in Section 6(A)above, and after a determination is made by the SEDC's representative that thej project has not been completed in accordance with the application, or any approved modifications thereof, the President shall issue a letter to the applicant indicating all areas ofnon-compliance. The applicant shall then have sixty (60) President's letter, to make the modifications necessary to bring the project into compliance. Failure to complete such modifications within said 60-day period shall be deemed a default of applicant's obligations under the (D) Available funding is based on the SEDC budget per fiscal year (October 1 to September 30) to fund this grant program. Grant applications received after the available funding has been exhausted may be accepted and held until the following fiscal year. The SEDC retains sole discretion to accept or reject applications received  the SEDC may reasonably deem necessary for determining the project's completion.  days, from the date oft the  grant.  after the available funding has been exhausted.    Section 7.1 Notice.  A. THE SINTON ECONOMIC DEVELOPMENT CORPORATION SHALL DELIVER A COPY OF THESE GUIDELINES TO. ANY APPLICANT FOR HIS/HER REVIEW AND THE DELIVERY HEREOF DOES NOT CONSTITUTE AN OFFER OF A BUSINESS IMPROVEMENT GRANT TO THE APPLICANT. B. THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THE INTERPRETATION, VALIDITY, PERFORMANCE, AND ENFORCEMENT OF THIS BUSINESS IMPROVEMENT GRANT PROGRAM. IF ANY PROVISION OF THIS BUSINESS IMPROVEMENT GRANT PROGRAM IS HELD TO BE INVALID OR UNENFORCEABLE, THE VALIDITY AND ENFORCEABILITY OF THE  REMAINING PROVISIONS SHALL NOT: BE. AFFECTED THEREBY.    ACKNOWLEDGMENT OF RECEIPT OF GUIDELINES AND CRITERIA FOR BUSINESS MPROVEMENT GRANT PROGRAM BY THE SINTON ECONOMIC EVELOPMENTCORPORATION  Applicant: Address: Phone Number: Signature:  Property Owner/Landlord: Address: Phone Number: Signature:  **The acknowledgement page must be signed and returned to the Chairman. Please include  photographs. Please retain the guidelines and criteria for your records.    APPLICATION FOR BUSINESS MPROVEMENT GRANT PROGRAM I(We), hereinafter referred to as "APPLICANT', on behalf oft thei identified entity, submit to the Sinton Economic Development Corporation, hereinafterreferred to as "SEDC", this application for consideration ofa Business Improvement Grant under thej provisions oft the SEDC's Business Improvement  Grant Program.  As part oft this application, APPLICANT represents to SEDC the following:  APPLICANT has received a copy oft the SEDC's Guidelines and Criteria for the Business Improvement Grant Program. APPLICANT acknowledges to SEDC that in making this application APPLICANT understands the terms and provisions thereof, and all questions relating to any needed interpretation thereofhave been answered APPLICANT has secured such legal, accounting, and/or other advice that may be necessary for APPLICANT to determine the desirability of making this application and/or accurately and correctly answering any questions as hereinafter set out. APPLICANT acknowledges that it has completely relied on the advice and counsel of experts and/or appropriate persons retained, employed, or compensated by APPLICANT, and that it has not relied upon, nor is APPLICANT now attempting to rely upon the advice and counsel of SEDC, its servants, Bys signing this document, "Application for Business Improvement Grant" either in an individual capacity, jointly, or in a representative capacity, APPLICANT acknowledges and verifies that all oft the facts, information, and allegations as herein set out are true, correct and accurate, and that SEDC may rely thereon as ift the same had been signed by APPLICANT or APPLICANT'S agent before a Notary Public or other authorized officer permitted by law to administer oaths and to take acknowledgements. APPLICANT further acknowledges and understands that any materially false or misleading statements of fact may be considered: a IfA APPLICANT is a corporate entity, APPLICANT swears and affirms that all applicable franchise taxes or other taxes paid for the privilege of conducting business have been fully paid, and that the APPLICANT is fully authorized to transact business in the State ofTexas, and in the state ofi incorporation if different from the State ofTexas. In addition, APPLICANT, whether a corporate entity, partnership, or other legal type business entity, oran individual, acknowledges and verifies that it is current on all current tax obligations, assessments, or other governmental levies and assessments, and that the same have paid when due and payable, and that no  by authorized representatives of SEDC prior to the submission of this application  agents, employees, and/or elected or appointed officers.  violation of the criminal laws of the State ofTexas.  delinquencies exist at this time.  BUSINESS APPLICATION INFORMATION:  Business Entity Name: Mailing address:  Location in the City of Sinton for which the improvement is being requested.  Street Address:    Other companies and locations owned and/or operated by the APPLICANT  Company Name: Street Address: City:  1. Please attach a separate document providing a legal description oft the property upon which the  contemplated improvements will be located as Exhibit. A.  2. New or existing business:  New  Existing  Ifnew business, please provide approximate opening date: Ifexisting, please provide how long you have been in operation:  New jobs: Full-time: Existing # ofjobs:  Part-time:  (fapplicable) Full-time  Part-time  3. Ifleased facility, provide the following information (attach copy ofcurrent lease):  Current Landlord: Address:  Phone Number:  4. What other cities and/or buildings is the Applicant considering to establish a new business ifthis  application is not approved:  5.  Proposed Improvements: (Include description, total estimated cost, start and completion date)  A. Please furnish detailed drawings, plans, specifications, color schemes, or any other available supporting documents for proposed improvements and cost estimates as. Exhibit B.    6. Additional Information:  Please provide any additional information regarding applicants funding request:  7. Project Financing: applicable).  Describe in detail project financing, amount of debt, terms of debt service, name of issuer of debt, etc. (if  Has financing been secured?  Yes Pending.  (Attach documentation) With whom?  No  8. Please provide a copy oft the State sales tax reporting form for the most current three (3) month period (if 9. Prior to applicants execution oft this application, APPLICANT had this reviewed by an Attorney of the APPLICANT, or has had the opportunity to do so, and the parties hereto agree that based on the foregoing, this application for the business improvement grant program shall not be construed in favor of 10. APPLICANT and owner/landlord indemnify, defend and hold SEDC and the City of Sinton harmless from any liability, injury, claim, expenses and attorney's fees arising out ofa contractor, builder or 11. SEDC has delivered a copy oft the guidelines and criteria for a business improvement grant program to applicant for review, and the delivery hereof does not constitute an offer of an improvement grant. 12. The laws oft the State ofTexas shall govern the interpretation, validity, performance and enforcement of the application for business improvement grant program. Ifany provision oft this application for business improvement grant program should be held to bei invalid or unenforceable, the validity and enforceability  applicable).  one party over the other based on the drafting of this application.  contract for performance of improvements, or repair tol buildings and facilities.  oft the remaining provisions of this application shall not be affected thereby.    VERIFICATION  I(We), the undersigned APPLICANT(S), certify that all the information furnished to the SEDC has been furnished freely by the APPLICANTS (S), herein, and further acknowledge that no: rights or privileges may be relied on as aj part ofany application. In addition, iti is acknowledged that the Sinton Economic Development Corporation may or may not grant a Business Improvement Grant based upon application or request hereunder purely as a matter of discretion, and that there is no legal right to rely on any previous actions taken in same or similar applications, or previous actions taken on other applications concerning the same or similar property.  Signed and submitted to the Sinton Economic Development Corporation on this, the  day of  20  Applicant Address  Signature  Property Owner Address  Signature  The State ofTexas County of San Patricio  Before me, the undersigned authority, on this day personally appeared  known to me to be the persons whose names are subscribed to  the foregoing instrument, and acknowledged to me and that they executed the same for the purposes therein  expressed.  Notary Public in and for the State ofTexas My Commission  Expires:  The State ofTexas County of San Patricio  Before me, the undersigned authority, on this day personally appeared  known to me to be the persons whose names are subscribed to  the foregoing instrument, and acknowledged to me and that they executed the same for the purposes therein  expressed.  Notary Public in and for the State ofTexas My Commission  Expires:    DOCUMENTATION CHECKLIST FOR BUSINESS MPROVEMENT GRANT PROGRAM  As aj part oft this application, the following documentation is being provided by the applicant, if applicable:  Establishment ofbusiness entity name (copy of Articles of Incorporation, dba, etc.) Copy ofl lease agreement (ifa applicable) Legal description of subject property (Exhibit. A) Estimates of proposed improvements (Exhibit B) Documentation of approved financing (ifa applicable)  State sales tax reporting form for most current three month period W-9; Request for Taxpayer Identification Number and Certification Signed Acknowledgement of Receipt of Guidelines  (ifapplicable)  Signed Verification Statement Signed Addendum    DOWNTOWN BUSINESS IMPROVEMENT GRANT PROGRAM ADDENDUM  IfApplicant is a' Tenant:  IfI, as Applicant, am a tenant leasing the property described ini the Grant Application to which this Addendum isa attached, then as further consideration for the award ofa any such grant for Sign Improvements, or Building Facade Improvements, oft this property, I hereby transfer, sell and convey to my landlord any and all of my interest in the equipment or materials purchased and installed with all, or any portion, ofs such grant. Ia agree that any and all ofs said equipment or materials purchased inj part or in whole with such grant funds shalll become attached and affixed to the property (in accordance with the approved installation specifications) SO as to become a fixture and may not be removed by me upon the termination ofi my tenancy.Iagree not to remove any such equipment or materials and the removal of same may be a criminal act for which I may be prosecuted.  IfA Applicant is the Property Owner:  IfI, as Applicant, am the owner oft the property described in the Grant Application to which this Addendum is attached, then as further consideration for the award of any such grant for Sign or Building Façade Improvements oft this property, Iagree that such equipment or materials, upon attachment to the property (in accordance with the approved installation specifications), becomes a fixture and all ofs such equipment and materials shall remain attached to the property upon the conveyance ofthe real property to a Third Party.  Applicant's Signature  Name Printed  Date  Applicant's Signature  Name Printed  Date