§ 29-4. - General Program Requirements and Guidelines.
The following guidelines provide general direction on the use of economic and business development incentive funds. The city recognizes that each project is unique and should be considered on a case-by-case basis. The city may choose to deviate from these guidelines if appropriate for a project of special economic or community interest.
(a) Application. The city may consider investing in eligible projects upon submittal of an application by a qualified applicant based upon the individual program eligibility requirements. Submission of an application for assistance that complies with the spirit and intent of these policies does not commit the city to approve the project associated with said application. The application shall contain, but not be limited to, the following:
(1) Applicant information including the name and addresses of the applicant/developer, all owners, equity holders, or major participants in the proposed project and if applicable the corporation, partnership (of any kind), or other.
(2) A description of the project, including, but not limited to, the following:
A. A description of the proposed project.
B. The legal description and address for the physical site of the proposed project.
C. If applicable, the number of permanent full-time jobs to be created, the per annum salary with itemized employer/employee paid fringes, and a listing by job title and associated job description for all current and proposed employees, if the Applicant is seeking a Job Growth Incentive award.
D. A detailed description of all identified sources of funds to be utilized in the project and the proposed use of such funds, with all letters and/or proof of financial commitments.
E. A detailed description of the request, including type of assistance being requested and proposed use of assistance being requested.
F. Current value of property and real and tangible property generated.
G. Good faith estimates of the value of the project upon completion of the planned improvements and property taxes to be generated.
(3) A schedule for the Proposed Project.
(4) Identification of development team and background of development team in carrying out similar projects.
(5) Consistency with the city's Comprehensive Plan, Economic Development Strategic Plan, Community Redevelopment Plan (if located within the Community Redevelopment Area), and the goals set forth in this program.
(6) Public Benefits. The applicant must demonstrate that the Project will provide significant benefit(s) to the public including, but not limited to, economic growth of the city and that the project will produce a higher standard of living for the residents of city, create or retain jobs, promote the efficient use of land through the elimination of blight and redevelopment of underutilized properties, enhance public spaces and infrastructure, and create mixed-use commercial and housing opportunities.
(b) Review and Approval Criteria. For an applicant to be eligible to receive incentives, the City, or the CRA if within the community redevelopment area and utilizing tax increment funds (TIF), must determine that the proposed project meets, or upon completion will meet the following criteria:
(1) Consistency with the City's Comprehensive Plan, Economic Development Strategic Plan, Community Redevelopment Plan, if within the Community Redevelopment Area and the Community Redevelopment Board of Commissioners approved the Incentive Program, and the goals set forth in this program.
(2) The Project must include, but not be limited to, at least one of the following:
A. Real property acquisition costs of a significant type or nature;
B. New construction of office, commercial, light industry, warehouse and mixed-use developments containing uses that create jobs and reduce suburban sprawl,
C. Significant costs of physical improvements to real property;
D. Significant costs of capital improvements to city infrastructure;
E. On a case-by-case basis, any other eligibility criteria that must be met upon completion of a Project to ensure that the Project provides benefits to the city in amounts that warrant the provision of incentives; or
F. Job creation in office, life sciences: healthcare, biotechnology, pharmaceuticals, and medical devices; information technology, telecommunications, communications and cybersecurity; financial and professional services: banking, insurance, securities and investments, corporate/regional headquarters, engineering, legal, accounting and consulting; light industries and manufacturing; logistics and distribution, or industries identified in Volumes 1—3 as priorities within the City's adopted Economic Development Strategic Plan, with the exception that retail and wholesale trade shall be an ineligible industry.
(3) Financial Responsibility. The city will consider the applicant's financial capability to successfully complete the proposed project and sustain its operations. Such review shall be conducted by the city at its sole discretion which may include but is not limited to, a review of tax returns, financial statements, and projections, or consideration of private lender participation. The city's review is not intended to serve as a comprehensive financial underwriting but rather as a measure to ensure that public resources are directed towards projects within a reasonable likelihood of success and community benefit.
(4) Positive Return on Public Investment. The city shall conduct an analysis of projected city tax revenues and incentive payments. The city will evaluate the anticipated return on public investment to ensure the proposed project provides measurable benefits to the community. This determination will assess factors such as job creation and retention, increased tax revenue, and indirect economic benefits, which may include, but is not limited to, business attraction, supply chain impacts, and community revitalization, and such benefits shall be in alignment with the city's strategic Goals and economic development priorities as established and set forth within the Economic Development Strategic Plan. The analysis may include consideration of the following, but is not required to address all items:
A. Project term.
B. Projected amount of direct ad valorem, public service tax, and tangible property taxes associated with the Project paid by the project per year.
C. Projected capital investment.
D. Projected number and average annual wage of jobs created, if applicable.
E. Projected incentive payments from city.
F. Projected incentive amounts from all other sources.
G. Projected square footage of project.
H. Projected costs of city service delivery associated with the project.
I. Net return for the city.
J. Net present value of net return.
(5) Economic Impact Forecast Analysis. The city, at its discretion may request an economic impact analysis such as REMI or IMPLAN to establish direct, indirect, and induced impacts generated by the project.
(c) Funding Method.
(1) Approved applicants shall receive a direct grant payment for the eligible activities and expenses identified in each incentive program. The city shall determine the type and amount of economic and business development program assistance granted. The city shall designate the specific use of funds, and terms, if any, for payback of city incentives.
(2) The city may provide to an incentive recipient any combination of incentives provided for herein; provided, however, that the value of the benefits accruing to the city and its citizens must be greater than the financial value of the incentives to an incentive recipient.
(3) In most cases, funds will be released on a performance basis, after construction is completed and all appropriate permits and approvals obtained.
(d) Determination of Incentive Amounts. The amount of incentives granted to a project shall be based upon the amount of the capital investment in the project, the amount of new revenue for the city directly created by the project and the number of new jobs that will be directly created by the project. The amount of incentives granted to a project shall in no case exceed the value of the direct and indirect benefits of the project to the city. These amounts shall be expressly included within any incentive participation agreement.
(e) Incentive Participation Agreement. If an applicant meets the requirements for incentive assistance, and subject to funding availability, then the city shall enter into an agreement with the applicant. If an applicant meets the requirements and is deemed eligible to receive incentive assistance, and subject to funding availability, the city shall enter into an Incentive Participation Agreement with the applicant for any project that will receive $100,000 or more of incentive assistance. Projects that receive incentive assistance less than $100,000 do not require an Incentive Participation Agreement, unless they are subject to a performance period, in which case an Incentive Participation Agreement will be required. The agreement shall be binding on the qualified applicant, and all subsequent owners, purchasers, successors in interest, and assigns of the project. Except for certain Grants and Programs, the agreement shall provide for a voluntary lien, executed by the Incentive Recipient and owner of the real property, on the real property in the amount of the incentive. Upon the Incentive Recipient completing all terms of the agreement, the city, or CRA, shall satisfy or release said lien. The agreement, any other associated documentation, shall be in a form approved by the city attorney and the agreement shall be recorded in the official records of Lee County.
(f) Obligations and Benefits to Run with Property. The obligations relative to any city incentive program resources, and the benefits derived therefrom, shall run with the real property as identified in the incentive participation agreement.
(g) Delinquent Payments. In the event, any payments due to the city by the incentive recipient become delinquent as set forth in the incentive participation agreement, the city shall serve, by certified mail return receipt requested, a notice of delinquency upon the beneficiary of the city's incentive assistance, at the address appearing on the most recent record maintained by the property appraiser of Lee County. The notice of delinquency shall serve to notify the beneficiary of the city's incentive assistance that failure to pay the required payment may cause the city to foreclose on the city's lien in circuit court of Lee County.
(h) Enforcement of Liens.
(1) Upon mailing the notice of delinquency, the city shall proceed to collect or otherwise enforce the lien pursuant to the provisions of this program.
(2) The city clerk shall, if appropriate, file a notice of satisfaction of claim of lien with the clerk of the circuit court for recording in the official records upon satisfaction of the terms of the agreement or receipt of full payment of all delinquent monthly payments, interest due, and any recording expenses. The notice of satisfaction of claim of the lien shall reflect the appropriate information shown on the previously recorded lien.
(3) All liens imposed pursuant to this article shall be superior on a parity with the lien of any city taxes until paid as provided in this section.
(i) Change in Ownership or Incentive Recipients.
(1) Upon sale, resale or change in applicant control, as delineated on the original application forms, at any time before the full amount of the money due the city has been paid, the full amount of money due the city shall be become due and payable. The burden of notification of any change shall apply to both the original and subsequent owners/participants. The new owner/participant may apply for participation in the incentive program and if all criteria as set forth in this article and the incentive participation agreement are met, the benefit of the incentive program may pass through entirely and on the same terms to the new owners.
(2) The incentive recipient shall inform the city in writing within ten days as to any changes in ownership of the project. Moreover, the transferee incentive recipient shall continue to comply with all incentive award requirements and shall assume in writing all the obligations of the transferor incentive recipient provided for in the incentive participation agreement. Failure of the incentive recipient granted an incentive award to notify the city of any such changes in ownership is cause for termination for cause of the incentive participation agreement.
(j) Precedence. No precedent is implied or inferred by the granting of an incentive award. Each application shall be considered by the city on a case-by-case basis after considering the criteria as set forth in these guidelines and acting in its sole and absolute discretion.
(k) Disqualification for Incentives.
(1) No business and no successor or affiliated business entity having one or more of the same principals and substantially the same business activity may cease business operations in the name of one business and then resume business operations in another name if the effect of such resumption is to circumvent the provisions of this program or to prolong an incentive which has been granted.
(2) An applicant which is the subject of a code enforcement proceeding or which has an unpaid fine relating to a code enforcement proceeding of the city shall not be eligible for an incentive award.
(3) An applicant which has unpaid/delinquent assessments, utility bills, business taxes, or property taxes shall not be eligible for an incentive award.
(4) Applications in the city's online portal shall remain active only for a period established by policy and will be deemed voided upon expiration.
(5) In order for an applicant to be eligible and receive incentive funds, applications must be submitted and deemed acceptable by the Office of Economic & Business Development, prior to issuance of a Certificate of Occupancy or Certificate of Completion.
(6) Incentive awards will be revoked if the applicant's permit expires for the project receiving the incentive assistance.
(7) Home-based businesses are not eligible for incentive programs.
(8) The following industries shall be ineligible to receive incentive assistance:
(i) Gas stations
(ii) Car washes
(iii) Storage facilities
(l) Review. Applications will be reviewed for completeness by staff, who will also provide a preliminary assessment of the project's eligibility for assistance. Staff shall have the authority to negotiate the types and level of development incentives needed in accordance with the provision of this policy. Staff will then forward the application and its preliminary recommendation to the city manager for review and consideration, or to the City Council or CRA board of commissioners, whichever is applicable. The decision to not grant an incentive award shall be final and not subject to appeal or review by any other body.
(m) Continuing Performance. The ability to receive an incentive award for the period granted shall be conditioned upon the Applicant's ability to maintain the project giving rise to the incentive award throughout the entire period. The Incentive Recipient shall be required to submit an annual renewal statement and an annual report to the city manager, or designee, on or before March 1 of each year for which the incentive award was granted. The annual renewal statement shall certify that the information provided in the original application has not changed. The annual report shall provide a report on the status of the business, evidencing satisfaction of the business maintenance and continued performance conditions set forth in the application. The report shall be prepared in substantially the form approved by the city manager, or designee, and shall contain such information as the city manager, or designee, may reasonably deem necessary for the purpose of determining continuing performance by the business of the conditions provided for in this division, the ordinance specifically granting the business an rebate and the representations made in the application.
(n) City Council or CRA Revocation. Should the project granted an incentive award pursuant to this program fail to file the annual renewal statement and/or annual report on or before March 1 of each year the incentive award has been granted as required, fail to continue to meet the definition of a new business or an expansion of an existing business, fail to timely inform the City Council, or the CRA Board of Commissioners, whichever is the appropriate agency, of a change of ownership, fail to file a new application upon any change in the information provided in the original application, fail to fulfill any other representation made to the City Council or the CRA Board of Commissioners during the application process, and/or fail to comply with any other requirement provided for in this program, the City Council or the CRA Board of Commissioners, whichever is the appropriate agency may, upon 30 days' written notice to the respective business, revoke the incentive award or take such other action as it deems appropriate.
(o) Program Amendments. The city, and the CRA for any Incentives authorized by the CRA Board of Commissioners, reserves the right to amend, modify, or withdraw these policies; revise any requirement of these guidelines; require additional statements, sworn affidavits as to the but for provisions of these guidelines or other information from any applicant/developer, to negotiate or hold discussions with any applicant/developer and or project which does not completely conform to the policies as set forth above, to waive any nonconformity with these policies, to eliminate these policies in whole or in part, if the city or the CRA deems it is in its best interest to do so, and to waive any timetables established by ordinance, resolution or motion.
(Ord. 99-21, § 1, 12-15-2021; Ord. 64-25, § 2, 12-3-2025)
