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Downtown Rehabilitation Proposed Grant Award for 245 W. 1st Street_Montana House
City of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted April 20, 2020 Consent Items # 7. Downtown Rehabilitation Proposed Grant Award for 245 West 1st Street City Manager recommending approval of a Downtown Rehabilitation Loan Program Grant Award to Sam Murley for facade improvements, planning and design grant and a financial consultant grant for 245 West 1st Street. RESOLUTION Approving a Grant Agreement by and between the City of Dubuque, Iowa and Montana House, LLC for the redevelopment of 245 West 1st Street Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description 245 West 1st Street Downtown Rehab Grant Award Staff Memo Grant Agreement Resolution of Approval Type City Manager Memo Staff Memo Supporting Documentation Resolutions Masterpiece on the Mississippi Dubuque heal All -America City 111111 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Downtown Rehabilitation - Proposed Grant Award for 245 West 1st Street DATE: April 14, 2020 Economic Development Director Jill Connors recommends City Council approval of a Downtown Rehabilitation Loan Program Grant Award to Sam Murley in the maximum amounts of $10,000 for facade improvements, $5,219 Planning & Design grant and $1,250 Financial Consultant grant for 245 West 1st Street. Mr. Murley is planning to make improvements to the building in the form of improved commercial space and storefront. Eventually, Mr. Murley plans to rehabilitate the interior of the building and create new housing units. The Good Neighbor inquiry on this owner and property produced no issues. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Masterpiece on the Mississippi Dubuque bierd All -America City h \I1..Wlf.(TZ: 11it: 11: 111' 2007*2012*2013 2017*2019 Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Downtown Rehabilitation — Proposed Grant Award for 245 West 1st Street DATE: April 7, 2020 INTRODUCTION This memo presents for your concurrence a project selected for a rehabilitation grant award for FY2020. BACKGROUND The Downtown Rehabilitation Loan Program (DRLP) provides several incentives from the Economic Development department for the rehabilitation of historic buildings in our greater downtown. This program has had a positive impact in the appearance and livability of our downtown, which leads to a more attractive business and residential environment. As such, the Economic Development Department finds these programs to be great tools for attracting and retaining a quality workforce for our businesses. DISCUSSION For the property listed, staff have performed a "Good Neighbor Inquiry" (with Building Services, Engineering, Finance, Health, Housing, Legal, Planning, Police, Public Works, and Utility Billing) for any concerns based on these or other properties owned by the applicants. Our staff have confirmed that funds are available in our department's programs. 245 W 1st Street Application received March 2, 2020 for Facade grant, Planning & Design Grant, and Financial Consultant grant. The building owner, Sam Murley, is planning to make improvements to the building in the form of improved commercial space and storefront. Eventually, Murley plans to rehabilitate the interior of the building and create new housing units. The building is in a highly visible entry point to the downtown. The Good Neighbor Inquiry on this owner and property produced no issues. I recommend funding the Facade grant at $10,000 maximum, the Planning & Design grant at $5,219 maximum, and the Financial Consultant grant at $1,250 maximum, all from CIP 3602436. BUDGET IMPACT CIP USE CURRENT BALANCE RECOMMENDED PROJECT FUNDING REMAINING BALANCE 2411942 FAQADE, ETC. $2,037 - $2,037 3602436 FAQADE, ETC. $21,844 $16,469 $5,375 3602438 HOUSING $8,415 - $8,415 3602267 HOUSING $889 - $889 This takes into consideration all encumbrances and previous balances from our downtown rehabilitation CIP budgets. Funding this project reduces remaining FY2020 funds available in our department's downtown rehabilitation grant programs to those balances shown above. Looking forward, with the recommended FY2021 funding levels applied, these downtown rehabilitation grant programs will have the following starting balances, assuming no further grant awards are made between now and June 30, 2020. This is enough funding to provide 5 full facade/planning design/financial consultant grants and one partial, as well as the creation of 39 housing units. CIP USE REMAINING FY2020 BALANCE RECOMMENDED FY2021 FUNDING PROJECTED JULY 1, 2020 BALANCE 2411942 FAQADE, ETC. $2,037 $70,000 $76,037 3602436 FAQADE, ETC. $5,375 $120,000 $125,375 3602438 HOUSING $8,415 $392,900 $397,315 3602267 HOUSING $889 - $889 RECOMMENDATION/ ACTION STEP 2 I recommend approval of the proposed grant award in the amount detailed above. 3 Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 121-20 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MONTANA HOUSE, LLC FOR THE REDEVELOPMENT OF 245 WEST 1st STREET Whereas, Montana House, LLC has applied to the Economic Development Department for a Fagade Grant, Planning & Design Grant, and a Financial Consultant Grant (the Grant) for the redevelopment of 245 West 1st Street in the City of Dubuque, Iowa (the Project); and Whereas, the Project is eligible for the Grant; and Whereas, it is the determination of the City Council that approval of the Grant Agreement for redevelopment of the Property by Montana House LLC, according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant Agreement by and between the City of Dubuque and Montana House, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 20th day of April 2020 Roy D. Btaol, Mayor Attest: Keviry Firnstahl, ity ierk GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND MONTANA HOUSE, LLC THIS GR AG EEMENT (the "Agreement"), dated for reference purposes the �:3 day of "� , 2020, by and between the CITY OF DUBUQUE, IOWA, a municipality esta lished pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and Montana House, LLC ("Grant Recipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 245 W 1st Street, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program (the "Project"); and WHEREAS, Grant Recipient previously applied for a Fagade Grant, a Planning & Design Grant, and a Financial Consultant Grant for the Project from City under the Program in amounts collectively up to Twenty -Two Thousand Five Hundred Dollars ($22,500) (the "Grant"), the terms of which are set forth in this Agreement; and WHEREAS, City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: Facade improvements including rehabilitation of doors and windows (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program, and the Design Letter attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by December 1, 2020. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program and the Design Letter attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement. 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) During construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be reasonably determined from time to time at the request of City, but not more frequently than once every three (3) years. (2) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any 2 such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient to the payment or reimbursement of the costs thereof, subject, however, to the terms of any mortgage encumbering title to the Property (as its interests may appear). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Operation of Development Property; Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Property Taxes. Grant Recipient shall pay or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Development Property. 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION GRANT PROGRAM. 3.1. Fagade Grant. City agrees to provide Grant Recipient a grant not to exceed Ten Thousand Dollars ($10,000) for documented costs that improve the overall appearance of the Development Property, provided the Project as completed meets the criteria of the Fagade Grant Program. The final amount of the Fagade Grant shall be determined following City's review of documentation submitted by Grant Recipient showing the eligible expenses (as applicable to the particular grant) and shall each be in an amount 3 equal to $0.50 for each $1.00 of eligible expenses incurred by Grant Recipient within the scope of the Project's approved application, up to the maximum amounts stated below. 3.2. Planning & Design Grant. City agrees to provide Grant Recipient a grant not to exceed Six Thousand Dollars ($5,219) to reimburse Developer for documented predevelopment costs, architectural and engineering fees and other authorized soft costs associated with the rehabilitation of the Property on the terms and conditions set forth in the attached Design Letter. 3.3. Financial Consultant Grant. City agrees to provide a matching (1:1) grant not to exceed One Thousand Dollars ($1,250) to reimburse Developer for documented costs related to hiring a financial consultant to evaluate the Project's feasibility on the terms and conditions set forth in the attached Design Letter. 3.4. Payment of the Grants. The Grants shall be payable as follows: (1) Any and all portions of a Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete as provided in Section 1.2; and (3) The Grant funds shall be disbursed directly to Grant Recipient. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default occurs and is continuing, City, as specified below, may take any one or more of the following actions after the giving of written notice by City to Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: (1) City may suspend its performance under this Agreement, including suspension of the payment of any installment of the Grant to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or 4 (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 4.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. SECTION 5. MISCELLANEOUS. 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of City, or its designees or agents, nor any consultant or member of the governing body of City, and no other public official of City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision -making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of Grant Recipient, is addressed and delivered personally to Montana House, LLC, ATTN: Sam Murley, 14157 Deerfield CT, Dubuque, IA 52001; and (2) In the case of City, is addressed and delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by the parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient hereby agrees to defend, indemnify, and hold harmless City against any claims made by Grant Recipient or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and 6 (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBUQUE, IOWA ATTEST: Ke 'n S. Firns a I, City° Clerk MONTANA HOUSE, LLC 7 Masterpiece on the Mississippi Dubuque kinatil uI-hneriea bly 11111 1 2007.2012.2013 2017*2019 Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4845 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planninqacityofdubuque.org MEMORANDUM TO: Jill Connors, Economic Development Director FROM: Chris Happ Olson, Assistant Planner ehii) SUBJECT: Facade Grant: 245-249 W. 1st Street — the Montana House DATE: April 3, 2020 Introduction This memorandum forwards the requested design review for work funded with a Facade Grant for the property located at 245-249 W. 1st Street — the historic Montana House. Background The project is in the Greater Downtown Urban Renewal District and the Old Main National Register Historic District. The City of Dubuque Architectural Guidelines, Secretary of the Interior Standards for Rehabilitation and applicable Technical Preservation Services Preservation Briefs published by the National Park Service apply to this project. Discussion The scope of work described in the application dated 03-27-2020 and depicted and described in the drawings, provided with application, and attached as an addendum, is recommended for approval as submitted with the following conditions: 1. Storefront Materials: All wood or substitute wood materials at the storefront level must be smooth, non -textured, and painted. Alternates outlined in the Adams Architectural bid of 02-21-2020 for different materials at the storefront and doors are acceptable, if painted. 2. Window Color: All windows should be painted in a dark color, as in dark green, dark red, black or slate grey, in order to create depth with new replacement materials at the front facade (aluminum cladded 4/4 sash units) and the non - primary facades (vinyl 1/1 sash units). 3. Window Design: Full 4/4 sash units at 2nd and 3rd story windows on primary facade have no transoms, extending the full length of the original documented window. Model after photograph showing the original top sash in one 2nd story primary facade opening (see next page illustrations). At left, partial window in place at 245 W. 1st St. At right, Pella rendering of new window modeled on original. 4. Ghost Signs: Any cleaning of the building should take special care. Specifically, the east facade, which contains multiple layers of ghost signs documenting former businesses, should neither be painted nor cleaned, in order to preserve these. These ghost signs are historic and do not count as signs for any businesses that will locate in the building. 5. Necessary Egress: The fire escape/egress at the front of the structure, necessary for life -safety, should be painted matte black or dark finish to help it appear to recede into the facade. 6. Bricked in windows: any bricked in windows, allowable because of relevant code restrictions, must be recessed from the plane of the facade. Those openings must be bricked in using matching masonry and mortar, with a matching course pattern. (Images below: Left is appropriate, Center and Right are not appropriate) NrIMMOOMMOIMAAW 1011000000001011000 Wm MWOIMMIWWMOP wwwwWMWWWWIMILI somMIMMOIMISMAI _,■,�"rINO r'r— .0111 ■r w 0 MO IMM r■ riPPIIIPP= NEM w. winom m. �• — � w wwr • MU -- • m---- =Mal 2 7. Mortar: Repointing of masonry joints to be executed using historically appropriate mortar that does not damage soft brick through freeze thaw cycles. Mortar analysis of historic mortar joints will provide recipe for a mortar with level of softness and color appropriate for this structure. Mortar analysis is reimbursable, as described in the grant application. Old mortar shall be removed as only necessary with gentle means and reapplied minimally to prevent mortar being applied to the front of brick. Follow linked National Park Service Preservation Brief #2 for guidance, including analysis, preparation and application methods. Requirements The project, if done in accordance with the described scope of work and drawings will meet the applicable guidelines and standards and is recommended for approval in terms of design review. Any deviation from the approved scope of work must be reviewed and approved by the Economic Development and Planning Services Departments prior to initiation. It is the property owner's responsibility to read and understand the terms of approval as well as ensure compliance with the project requirements. It is the property owner's responsibility to obtain the necessary building permits prior to starting work. It is the property owner's responsibility to ensure all contractors understand and properly execute all expectation of the project. Failure to comply with the approved scope of work will result in forfeiture of all funding. In Closing Thank you for making the investment to improve our historic building stock in Downtown Dubuque. The restoration and rehabilitation of the Montana House is long overdue, and we applaud your willingness to take on this project. APPENDIX: • Compiled grant application and attachments 3 Masterpiece on the Mississippi Dubuque All•knerin City ',III f•7 . I:.V A I 1e r 2007.2012.2013 2017*2019 Economic Development Department 1300 Main Street Dubuque, IA 52001-4864 Office: (563) 589-4393 TTY: (563) 690-6678 http://www.cityofdubuque.org City of Dubuque, Iowa Application for Downtown Incentive Programs Name of Applicant (Developer/Company): Address of Proposed Project: Contact Name: Address: City/State: Zip: Phone: Email: Date of Birth: Estimated Start Date: Estimated Completion Date: With whom has the Applicant discussed details of this project at the City of Dubuque? Check each of the Incentives for which you are applying: A.) Downtown Housing Incentive B.) Downtown Rehabilitation Grant () Facade Grant () Financial Consultant Grant () Planning and Design Grant C.) Tax Increment Rebate or Tax Abatement () Please Include Proof of Building Ownership as Attachment A You may use the following site as a resource for providing this information: https://beacon.schneidercorp.com/ If Applicant is not building owner, you must provide proof of building owner's permission to proceed with project as part of Attachment A: If the owner is a for -profit or non-profit organization, you must provide a resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted. Please Include as Attachment B Does Applicant own or have ownership interest in other Properties in Dubuque? ( )Yes ()No If yes, please list addresses: 1 Masterpiece on the Mississippi Dubuque All•Inerin City ',III f•7 . I:.V A I 1e r 2007.2012.2013 2017*2019 Economic Development Department 1300 Main Street Dubuque, IA 52001-4864 Office: (563) 589-4393 TTY: (563) 690-6678 http://www.cityofdubuque.org Do the above properties comply with all applicable City of Dubuque ordinances and regulations, including but not limited to: Housing, Building, Zoning, Fire, Health and Vacant & Abandoned Building regulations? ( )Yes ()No Please list all sources of funding and financing for this project besides the requested grants, and whether the sources are already secured (i.e. Historic Tax Credits, Grants, IEDA Incentives). Current Physical Condition of the Building - Written: Please Include up to 3 Current Photos as Attachment C Proposed Modification of Building/Intended Improvements - Written: Please Include Rendering/Drawing as Attachment D Community Benefit/Impact of Project (how will the project further the revitalization of downtown): If additional space is needed, please include as Attachment E 2 Masterpiece on the Mississippi Dubuque All•Inerin City ',III f•7 . I:.V A I 1e r 2007.2012.2013 2017*2019 Economic Development Department 1300 Main Street Dubuque, IA 52001-4864 Office: (563) 589-4393 TTY: (563) 690-6678 http://www.cityofdubuque.org A.) Downtown Housing Incentive Program* *Grant Funds will be disbursed upon receipt of certificate of occupancy for all units in the project. How many units are being created? Housing units created must be greater than 650 Square Feet. A minimum of 2 units are required for eligibility, and a maximum of 75 units are eligible. (housing units that have been vacant for over three years are considered new units) Amount of Assistance Requested (No more than $10,000 per unit is eligible) Does the project have bank financing? ( )Yes ()No If yes, what financial institution? Please Include Letter of Commitment from Financial Institution as Attachment F A 10-year pro forma must be attached if requesting housing grant. Please include as Attachment G Does the pro forma show a developer's fee? ( )Yes ()No If yes, over what period of time will this fee be paid? Will residential units have any income restrictions? ( )Yes ()No If yes, how many residential units will have income restrictions? (This could be 0% to 65% of the rental units can have a restriction of 80% area median income.) Is a Floor plan for all units attached? Please attach as Attachment H ( )Yes ()No 3 Masterpiece on the Mississippi Dubuque All•Anerin City ',III f•7 . I:.V A I 1e r 2007.2012.2013 2017*2019 B.) Downtown Rehabilitation Grant** Economic Development Department 1300 Main Street Dubuque, IA 52001-4864 Office: (563) 589-4393 TTY: (563) 690-6678 http://www.cityofdubuque.org **Grant Funds will be disbursed upon completion of work, documentation of costs, and an inspection of completed project. Disbursements are at a rate of $.50 for each $1.00 of costs incurred, up to maximum amount of grant committed. Written requests for payment must be submitted to the Economic Development Department. **Paid invoices and/or cancelled checks will be required to confirm expenditures. Fagade Grant Estimated costs for fa9ade improvements How much assistance is the project requesting? Will the project include repointing or tuck pointing? If yes, a mortar analysis sample may be required. The sample would be a reimbursable expenditure. ( )Yes ()No Do existing signs on the project property comply with City Zoning regulations and design guidelines? ( )Yes ()No ()N/A If the above answer is no, or the Applicant is proposing new signs, please describe the design materials and colors that will be used on the sign face, how the sign will be displayed, and any lighting proposed. With whom has the Applicant discussed details of this project in the City of Dubuque Planning Department? This is mandatory. Has Applicant reviewed the City's Design Review Guidelines at http://cityofdubuque.orq/1295/Design-Guideline ? ( )Yes ()No 4 Masterpiece on the Mississippi Dubuque All•Anerin City \11 T\11 f•7 . I:.V A I 1e r 2007.2012.2013 2017*2019 Economic Development Department 1300 Main Street Dubuque, IA 52001-4864 Office: (563) 589-4393 TTY: (563) 690-6678 http://www.cityofdubuque.org Detailed drawings showing dimensions, architectural details, and labels must be attached to the application. Please include as Attachment I ( )Yes ()No Financial Consultant Grant Estimated costs for financial consultant services How much assistance is the project requesting? Planning and Design Grant Estimated costs for planning and design How much assistance is the project requesting? Bids: Please attach bid(s) for ALL proposed work as Attachment J Certificate of Insurance: Please attach a certificate of insurance for the individual/company bidding the work as Attachment K C.) Tax Increment Rebate or Tax Abatement Please contact the Economic Development Department to discuss tax incentives at (563) 589-4393. I certify that I am applying for the above incentives before having begun the eligible work, and project work is scheduled to start in fewer than 6 months of the date of this application. Signature: 5 Date: To be considered for approval, a fully completed application with attachments and exhibits must be submitted via one of the following. • Website: https://www.cityofdubuque.orq/113/Facade-Grant • email: econdev@cityofdubuque.org • drop off: Economic Development Department, 1300 Main Street, Dubuque, Iowa 52001 • US Post: Economic Development Department, 1300 Main Street, Dubuque, Iowa 52001 5 IIW, P.C. ▪ i ui Dui I/ U J 1 L� HHHHHHHHHHH HHHHHHHHHH HHuuuuu- uu -00 0 0 0 0 u 0 0 t u uuuuuuu + I I I 1 1 1 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Z Z 0 0 u uuu- uuuu u 0 0 uuuuuuuuuu 0 0 i HHHHHHHHHH — 00- 1 1 1 1 T Il 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 I I I I I z z 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I T I I 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 a z C • • • • I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 I I I I I 1 1 I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 O 0 O 0 O 0 O 0 O 0 O 0 PROPOSED SOUTH ELEVATION Level 1 fth 0'-0" 3/8" = 1'-0" IIW ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS. www.iiwengr.com • 800.556.4491 © COPYRIGHT 2020 ALL RIGHTS RESERVED THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. ALL SCALES BASED ON 22x34 FULL SIZE SHEET, NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM WITHOUT THE PERMISSION OF IIW, P.C. ALL INFORMATION IN THIS DOCUMENT IS CONSIDERED PROPERTY OF IIW, P.C. 249 WEST 1ST STREET DUBUQUE, IOWA E O 0 FOR BUILDING PERM 0 a U u) a) 0 a) Sheet No:7- A4,0 Project No: 20058 GENERAL NOTES PLAN KEY NOTES IIW, P.C. 1. INTERIOR WALLS ARE TYPE 4W3 AND DIMENSIONED TO CENTER OF FRAMING U.N.O. 2. OFFSET HINGED SIDE OF DOOR R.O. 4" FROM ADJACENT WALL UNLESS DIMENSIONED OTHERWISE ON PLAN. ALL DOORS ARE FLUSH PANEL AND 36" X 80" U.N.O. 3. CONTRACTOR SHALL PROVIDE BLOCKING IN FRAMED WALLS FOR SUPPORT OF WALL MOUNTED HARDWARE AND FUTURE GRAB BAR LOCATIONS IN BATHROOMS. 4. UNLESS NOTED OTHERWISE, BOLD LINEWORK DENOTES WORK OF THIS CONTRACT, DASHED LINEWORK DENOTES EXISTING TO BE DEMOLISHED, AND FADED LINEWORK DENOTES EXISTING TO REMAIN. 5. ALL EXISTING CONSTRUCTION AND ITEMS TO REMAIN, INCLUDING BUT NOT LIMITED TO ITEMS INDICATED ON THESE DRAWINGS SHALL BE PROTECTED THROUGHOUT THE DURATION OF THE PROJECT. ANY ITEM THAT IS DAMAGED SHALL BE REPLACED OR REPAIRED TO THE OWNER'S SATISFACTION. 6. PROVIDE FIRE RATED DAMPERS, CONTROLS, AND FIRE RATED SEALANT AROUND ANY DUCTWORK PENETRATIONS THROUGH FIRE RATED CONSTRUCTION. 7. PROVIDE FIRE RATED SEALANT AROUND ANY CONDUIT PENETRATIONS THROUGH FIRE RATED CONSTRUCTION. SECOND FLOOR 1/4" = 1'-0" O 10 PROVIDE BLOCKING FOR FUTURE GRAB BARS. COORD KITCHEN CASEWORK LAYOUT AND APPLIANCES WITH OWNER. EXISTING STAIR TO REMAIN. PROVIDE NEW WALL MOUNTED HANDRAILS, EACH SIDE. INFILL EXISTING OPENING WITH WOOD STUD FRAMING AND GYPSUM BOARD. FINISH FACE TO ALIGN WITH EXISTING ADJACENT. NEW DOUBLE HUNG WINDOW IN EXISTING OPENING. INFILL EXISTING WINDOW WITH CONSTRUCTION TO MATCH EXISTING ADJACENT. EACH FACE TO BE FLUSH WITH EXISTING ADJACENT. COORD BATHROOM CASEWORK LAYOUT WITH OWNER. PROVIDE (X) LAYERS 5/8" TYPE "X" GYPSUM BOARD, EACH SIDE OF EXISTING STUD WALL. KEYNOTE 9 KEYNOTE 10 CLOSET 208A 0 co KITCHEN/LIVING KITCHEN/LIVING 1 THIRD FLOOR 1/4" = 1'-0" BEDROOM r 1 KITCHEN/LIVING 301 BEDROOM 302 ICI co cY) CLOSET CLOSET CORRIDO CLOSET 305A CLOSET 302A L \ L BEDROOM BEDROOM 11'-31/2" KITCHEN/LIVING 305 L z 0 U V J z 0 U 0 0 z z J I..L 0 I I ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS. www.iiwengr.com • 800.556.4491 © COPYRIGHT 2020 ALL RIGHTS RESERVED THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. ALL SCALES BASED ON 22x34 FULL SIZE SHEET, NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM WITHOUT THE PERMISSION OF IIW, P.C. ALL INFORMATION IN THIS DOCUMENT IS CONSIDERED PROPERTY OF IIW, P.C. Z J 0 0 J L.L W Z WOF W > > p cn 0 � w (/) UJ ~0 WD 00 Z D 071- rn� - N (3)5 m N C:\IIW Revit\A-20058 249_W_1st_St_Renovation-v20_nrettenberger.rvt 4/1/2020 1:49:59 PM E O I1� c Z ._ cn CO U) 0') L O) 2 o c U -a N CD CU O Cl) 0 a 0 FOR BUILDING PERM O Sheet No:7- A1,0 Project No: 20058 Pella® Lifestyle Series Double -Hung Aluminum EnduraClad® Exterior Detailed Product Description Frame • Select softwood, immersion treated with Pella's EnduraGuard® wood protection formula in accordance with WDMA I.S.-4. The EnduraGuard formula includes three active ingredients for protection against the effects of moisture, decay, stains from mold and mildew. Plus, an additional ingredient adds protection against termite damage. • Interior exposed surfaces are clear pine. • Exterior surfaces are clad with aluminum. • Components are assembled with screws, staples and concealed corner locks. • Overall frame depth is 5" (127 mm) for a wall depth of 3-11/16" (94 mm). • Jamb liner shall be high -impact polyvinyl chloride backed by continuous hard -tempered aluminum springs. • Optional factory applied jamb extensions are available. • Optional factory installed fold -out installation fins with flexible fin corners. • Optional factory -applied EnduraClad® exterior trim. Sash • Select softwood, immersion treated with Pella's EnduraGuard® wood protection formula in accordance with WDMA I.S.-4. The EnduraGuard formula includes three active ingredients for protection against the effects of moisture, decay, stains from mold and mildew. Plus, an additional ingredient adds protection against termite damage. • Interior exposed surfaces are clear pine. • Exterior surfaces are clad with aluminum, lap -jointed and sealed. • Corners mortised and tenoned, glued and secured with metal fasteners. • Sash thickness is 1-5/8" (41 mm). • Sashes tilt for easy cleaning. Weatherstripping • Foam with 3 mm skin at head and bottom rail. Thermal -plastic elastomer bulb with slip -coating set into upper sash for tight contact at check rail. • Secondary polyvinyl chloride leaf -type weatherstrip on bottom sash at sill. • Jamb liner to seal against sides of sash. Glazing System • Quality float glass complying with ASTM C 1036. • High altitude glazing available. TM • Silicone groove -glazed 11/16" [obscure] dual -seal insulating glass [[annealed] [tempered]] [[Advanced Low-E] [SunDefense Low-E] [AdvancedComfort] [NaturalSun Low-E] with argon]]. Exterior • Exterior aluminum surfaces are finished with EnduraClad® protective finish, in a multi -step, baked -on finish. • Color is [White] [Tan] [Putty] [Brown] [Poplar White] [Portobello] [Hartford Green] [Morning Sky Gray] [Brick Red] [Black]. Interior • [Unfinished, ready for site finishing] [factory primed with one coat acrylic latex] [factory prefinished [White] [Linen] [Bright White] [stain1 ]]. Hardware • Galvanized block -and -tackle balances are connected to sash with a polyester cord and concealed within the frame. • Factory installed self -aligning surface -mounted sash lock. Two sash locks on units with frame width 33-1/4" and greater. • Optional Sash lift furnished for field installation. Two lifts on units with frame width 33-1/4" and greater. • Finish is [baked enamel [Champagne] [White] [Brown] [Matte Black]] [Oil -Rubbed Bronze] [Satin Nickel]. • Champagne locks are standard on unfinished units; White locks are standard on factory prefinished white units. Optional Products Grilles • Simulated -Divided -Light [with optional spacer] 4 7/8" Grilles permanently bonded to the interior and exterior of glass. 4 Patterns are [Traditional] [Prairie] [Cross] [Top Row] [Custom — Equally Divided]. 4 Interior surfaces are [unfinished, ready for site finishing] [factory primed] [pine: factory prefinished [White] [Linen White] [Bright White] [stains]]. Exterior grilles to match the exterior cladding color. 4 Available only on units glazed with Low-E insulated glass with argon. — or — • Grilles-Between-the-Glass2 4 Insulating glass contains 3/4" contoured aluminum grilles permanently installed between two panes of glass. 4• Patterns are [Traditional] [9-Lite Prairie] [Top Row] [Custom — Equally Divided]. 4 Interior color is [White] [Ivory] [Tana] [Brickstone] [Black] [Putty3] [Brown3] [Harvest] [Cordovan]. 4 Exterior color [matched to the exterior cladding color] [White]4. — or — • Roomside Removable Grilles 4 3/4" [Traditional] [Custom — Equally Divided] removable solid pine wood bars steel -pinned at joints and fitted to sash with steel clips and tacks. Interior [unfinished, ready for site finishing] [factory primed] [pine: factory prefinished [White] [Linen White] [Bright White] [stains]]. 4 Exterior [unfinished, ready for site finishing] [factory primed] [factory prefinished, finish color matched to exterior cladding] [White] 4. Screens • InViewTM screens 4 Full-size Vinyl -coated 18/18 mesh fiberglass screen cloth complying with the performance requirements of SMA 1201, set in aluminum frame fitted to outside of window, supplied complete with all necessary hardware. 4 Screen frame finish is baked enamel, color to match window cladding. — or — • Vivid View® screens 4 Full-size PVDF 21/17 mesh, minimum 78 percent light transmissive screen, set in aluminum frame fitted to outside of window, supplied complete with all necessary hardware. 4 Screen frame finish is baked enamel, color to match window cladding. Hardware • Optional factory applied limited opening device available for vent units in steel, nominal 3-3/4" opening. • Optional window opening control device available for field installation. Device allows window to open less than 4" with normal operation, with a release mechanism that allows the sash to open completely. Complies with ASTM F2090-10. Sensors • Optional factory installed integrated security sensors available in vent units. (1) Contact your local Pella sales representative for current designs and color options. (2) Available on units glazed with Low-E insulated glass with argon, and obscure insulated glass. (3) Tan, brown and putty Interior GBG colors are available only with matching interior and exterior colors. (4) Appearance of exterior grille color will vary depending on Low-E coating on glass. A R C H I T E C T U R A L MILLWORK C@ 2225 Kerper Blvd. Dubuque, Iowa 52001 563.690.1358 p. 888.285.8120 p. 563.557.8852 f. www.adamsarch.com Date: Project: Re: February 21 st, 2020 249 W 1st St Store Facade Sam Murley ,z� T 1., PI Entry Doors with Transom 7'6" tall wood door, 2 1/4" thick slab with 36" by 20" tall transom manufactured from mahogany, 1/2" insulated tempered glass in door, insulated glass in transom, no divided lights, 6 9/16" frame. Door handleset not included, machining for handleset not included. Exterior and Interior casing/brickmold not included 36" wide door Qty 2 Wood $3,928.08 each Aluminum $4,426.35 each Fiberglass $4,5021.96 each 32" wide door Qty 1 Wood $3,928.08 each Aluminum $4,426.35 each Fiberglass $4,671.70 Note #1; Wood door will come unfinished, aluminum and Fiberglass will come finished Note #2; Fiberglass door may be limited to 84" in height Store Facade Windows Option 1, Sash and Frame 54"w by 84" h wood windows manufactured from white pine, tempered insulated glass with no divided lights, 6 9/16" frame, primed on the outside, raw on the inside, finishing by others. Interior/Exterior casing not included. Qty 3 Wood $1,686.32 each Aluminum $2,370.49 each Fiberglass $1,048.02 Option 2, Direct Set 54"w by 84" h wood windows manufactured from white pine, tempered insulated glass with no divided lights, 6 9/16" frame, primed on the outside. Interior/Exterior casing not included. Note: Wood door will come unfinished, aluminum and Fiberglass will come finished Qty 3 Wood $1,148.65 each Aluminum $1,918.52 each Note #1: Wood window will come unfinished, aluminum will come finished. Note #2: Fiberglass does not have a direct set option. Notes: ***Important Please Read • All wood doors must have an overhang equal to the height of the door and no higher than 1 1/2 times the height of the door • Please be aware that wood doors should not be subject directly to the exterior elements (sun, rain, snow, etc) nor should doors be painted a dark color that are exposed to the sun. Not included in Quote • Crate & Freight Terms & Conditions: - Sales Tax Not Included. - 30% down payment is required to process order, progress payments and/or final payment due prior to pick-up/delivery. Thanks, Field measurements to be completed and agreed upon with installing contractor. Installation not included. If order is cancelled, down payment will be forfeited. Shop drawings to be signed off before production to begin. FOB Adams Architectural Millwork Dock. We are a supplier/manufacturer — no retainage allowed. Clerical Errors are subject to correction. Bid is invalid after 30 days. Customers Signature Date That Man Home Maintenance and Repair 3403 Jackson St. Dubuque, IA 52001 (563) 581-3912 bhinman75@gmail.com Bill To Sam Murley 14157 Deerfield Ct. Dubuque, IA, 52003 Date For 225 W. 1st St. Description 1 Tuck pointing and repairing brick work with NHL mortar $3,800 per week for work more than 12 feet off the ground (2 weeks of work) $2,800 per week for work less than 12 feet from the ground (1 week of work) Material Sales Tax 7.5o% on $o.00 Total Make all checks payable to Brian Hinman Payment terms 30 days $10,400.00 $0.00 $10,400.00 Hinman Home Repair 475 Summit St Dubuque, IA 52001 (563) 552-6779 hinmanhomerepair@outlook.com Estimate ADDRESS ESTIMATE # 1021 Sam Murley DATE 01/15/2020 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT Sales window install 47 250.00 11,750.00 TOTAL Accepted By Accepted Date $11, 750.00 cell: 563-590-0144 tI.YCC! / • f ARCMlKI OAR ON PANE We hereby submit sl+eciflcolions oncl esrimoles for I'nqu No. sos MAMt o1 Pages. 7e3 20-ao Zo Zees-- lr e..t Rep l.e.y �t ays-•z 9 W . /4- (»e PHONE d r4,cc-,ne-7- a •1 S.144AJK- -Pron" -e aVs/ ay9 til. Ss*S dt idle/644a. - C/a5Q Z 4c/ In do c.J W e /IS W . '. c+O nce43. b/ oc.t Rep/.loern.c* s da.a,a//c 7/rn.(JS '1a c:* �flocg 14•Za Ca eta w•IA.. R Sme- ,Se_ader- "Apt Cher in:1 Ales sDer clwneR 103k4 Reittinger Construction 28672 Lansing Rd Dyersville, IA 52040 Name / Address Sam Murley 14157 Deerfield Ct. Dubuque, IA 52003 Estimate Date Estimate # 2/20/2020 36 Project Description Qty Rate Total Labor to remove overhang, Labor to remove trim, old windows and door. Labor to frame and set new doors and windows 1 1 1 1,500.00 2,800.00 3,200.00 1,500.00 2,800.00 3,200.00 Total $7,500.00 IIW, P.C. February 27, 2020 Sam Murley 249 West 1st Street Dubuque, IA 52001 Re: Proposal for Professional Services 249 West lst Street Renovation IIW Project No.: 20058 Dear Sam: IIW, P.C. is pleased to provide this proposal for professional design services for the renovation to an existing building located at 249 West 1st Street, Dubuque, IA. For purposes of this agreement, the Client is Sam Murley. PROJECT DESCRIPTION The following is our understanding of the Project: The project includes interior and exterior renovations to the three-story brick building and demolition of an adjacent two-story structure. It is our understanding that the three-story brick building will include retail on the 1st floor with apartments on the floors above. Site work, fire protection, electrical, mechanical and plumbing system design will be coordinated between the Client and General Contractor. SCOPE OF SERVICES The following list of services will be provided by or under the direct personal supervision of an Architect licensed to practice in the State of Iowa. A. Verify Existing Site Conditions 1. Visit existing site with the Client to document and verify the existing exterior and interior layout noting structural walls, columns, and framing. 2. Develop an existing building model of the three-story brick building utilizing Building Information Modeling (BIM) software. The BIM model is intended to show exterior wall construction and openings and existing structure including columns, beams and joist framing. B. Schematic Floor Plan 1. Using partial conceptual layout provided by Client, create a proposed typical floor plan of (two) 2-bedroom apartment units on the 2nd and 3rd floors. It is our understanding that this layout will not be based on live/work units. No layout will be provided for the 1st floor. 2. Meet with the Client to review proposed floor layout. C. General Code Review 1. Using the proposed floor plan, perform an architectural code review using the applicable building codes. 2. Create a code plan showing any required fire -rated construction, occupancy, and means of egress. 3. Prepare a deliverable including general code review and code plan for Client to submit to the City for review. www.iiwengr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE/SE* ** Charles A. Cate, PE ** Gary D. Sejkora, PE ** Michael A. Jansen, PE/SE Timothy J. Tranel, PE* Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS ** Wray A. Childers, PLS ** Geoffry T. Blandin, PE Mark C. Jobgen, PE ** Lauren N. Ray, PE/SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB/AIA* Eric J. Helminiak, PE/SE" Jeffrey J. Brandt, PLS Craig L. Geiser, PLS Nathan W. Miller, PE Nicholas A. Schneider, PE Christian J. Hendrie, AIA Eldon M. Schneider, PE Patrick R. Ready, PE Nicholas M. Rettenberger, AIA Christopher A. Becklin, PE Courtney E. Wand, PE Jonathan H. Lutz, PE John M. Tranmer, PLS Andrew C. Busch, NCARB/AIA Bryson E. Winsky, PE Jeri M. Vondera, PE Noah J. Hofrichter, PE Andrew J. Goedken, PE Emily M. Crowe, PE * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002-2628 ♦ [P] 563.556.2464/800.556.4491 • [F] 563.556.7811 iiw 249 West 1st Street Renovation February 27, 2020 Page 2 of 5 D. Schematic Exterior Elevation 1. Using conceptual drawing provided by Client and existing building verification, create a proposed South Elevation showing new windows and storefront. 2. Meet with the Client to review proposed South Elevation. 3. Prepare a deliverable for Client to submit to the City for review. CLIENT'S RESPONSIBILITIES The Client shall do the following in a timely manner so as not to delay the services of Architect: 1. Provide all criteria and full information as to the Client's requirements for the project, including design objectives and constraints, performance requirements and any budgetary limitations, and furnish copies of all design and construction standards which the Client will require to be included. 2. Assist the Architect by placing at the Architect's disposal all available information pertinent to the project, including previous reports and any other data relative to design or construction of the project. 3. Furnish to Architect, as required for performance of Architect's Scope of Services (except to the extent provided otherwise under basic services), all of which Architect may use and rely upon in performing services under this agreement, the following: a. Arrange for access to and make all provisions for the Architect to enter upon public and private property as required for the Architect to perform his services under this agreement. b. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the Architect, obtain advice of an attorney, insurance counselor, and other consultants as the Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Architect. c. Give prompt written notice to Architect whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of Architect's services. d. Furnish or direct Architect to provide extra services or other services as required. e. Testing and removal of any hazardous materials present in the project area. ADDITIONAL SERVICES The following services are for informational purposes only. If authorized in writing by the Client, IIW shall furnish or obtain from others additional services of the types listed below. 1. Services related to coordination with State or local historical societies or regulatory agencies for approval of proposed construction. 2. Services resulting from Client directed changes in the scope, extent, or character of the portions of the project designed or specified by Architect or its design requirements. 3. Services required as a result of Client's providing incomplete or incorrect project information to the Architect. 4. Services related to site work, fire protection, electrical, mechanical and plumbing system design. 5. Construction Inspection and Material Testing. 6. Site survey and utility locates. COMPENSATION IIW proposes to complete the Scope of Services listed above on an hourly basis with estimated fees as follows: A. Verify Existing Site Conditions: $2,500.00 (two thousand five hundred dollars and zero cents). B. Conceptual Floor Plan: $1,000.00 (one thousand dollars and zero cents). C. General Code Review: $1,500.00 (one thousand five hundred dollars and zero cents). D. Schematic Exterior Elevation: $1,000.00 (one thousand dollars and zero cents). 249 West 1 St Street Renovation February 27, 2020 Page 3 of 5 SCHEDULE Based on our current workload, the above scope of services can be expected to be complete within 8 weeks upon receiving the signed agreement. GENERAL TERMS AND CONDITIONS The attached General Terms and Conditions are a part of this Proposal. This proposal is valid for 30 days from the date it was issued. If the services and fees defined in this proposal are acceptable, please return one signed copy to our office. If you have any questions, or require further assistance, please feel free to contact me at n.rettenberger@iiwengr.com or our office at (563) 556-2464. Thank you for allowing IIW, P.C. to submit this Proposal for professional design services. Sincerely, IIW, P.C. Nicholas M, Rettenberger- AIA Project Manager Lauren N. Ray, P.E., S.E. Vice-President/Secretary I hereby accept this Proposal and General Terms and Conditions and authorize this work. FOR: Sam Murley Authorized Signature Typed or Printed Name Date 249 West 1st Street Renovation February 27, 2020 Page 4 of 5 IIW, P.C. iiw THE FOLLOWING GENERAL TERMS AND CONDITIONS SHALL APPLY TO THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN IIW, P.C., HEREIN REFERRED TO AS THE CONSULTANT, AND THE CLIENT IDENTIFIED IN THE ATTACHED AGREEMENT. General Terms and Conditions The Client shall provide all criteria and full information with regard to his or her requirements for the Project, and shall designate a person to act with authority on his or her behalf with respect to all aspects of the Project. This shall include, but not be limited to, review and approval of design issues in the schematic design phase, design development phase, and contract documents phase. These approvals shall include an authorization to proceed to the next phase. Services beyond those outlined in the proposal may be required or be required as a result of unforeseen circumstances. The Consultant under terms mutually agreed upon by the Client and the Consultant may provide these services. For the scope of services agreed upon, the Client agrees to pay the Consultant the compensation as stated. Invoices for the Consultant's services shall be submitted, at the Consultant's option, either upon completion of any phase of service or on a monthly basis. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5% (18% true annual rate) per month or the maximum allowed by law on the then outstanding balance of Past Due accounts. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. The Consultant shall secure and endeavor to maintain professional liability insurance, commercial general liability insurance, and automobile liability insurance to protect the Consultant from claims for negligence, bodily injury, death, or property damage which may arise out of the performance of the Consultant's services under this Agreement, and from claims under the Worker's Compensation Acts. The Consultant shall, if requested in writing, issue a certificate confirming such insurance to the Client. The Client and the Consultant each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and Consultant, they shall be borne by each party in proportion to its negligence. In recognition of the relative risks, rewards and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by the law, the Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses rising out of this Agreement, from any cause or causes, shall not exceed the amount of the Consultant's fee or other amount agreed upon. Such causes include, but are not limited to, the Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. The Client and Consultant agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective as of the date of this agreement. All documents including calculations, computer files, drawings, and specifications prepared by the Consultant pursuant to this Agreement are instruments of professional service intended for the one time use in construction of this project. They are and shall remain the property of the Consultant. Any re -use without written approval or adaptation by the Consultant shall be at the Client's sole risk and the Client agrees to indemnify and hold the Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse of documents by the Client and by others acting through the Client. Copies of documents that may be relied upon by the Client are limited to the printed copies (also known as hard copies) that are signed or sealed by the Consultant. Files in electronic media format or text, data, graphic, or of other types that are furnished by the Consultant to the Client are only for convenience of the Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, the Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the Consultant at the beginning of this project. 249 West 1st Street Renovation February 27, 2020 Page 5 of 5 IIW, P.C. iiw The delivery of electronic information to Contractors is for the benefit of the Owner for whom the design services have been performed. Nothing in the transfer should be construed to provide any right of the Contractor to rely on the information provided or that the use of the electronic information implies the review and approval by the Design Professional of the information. Electronic information is drawings, data, modeled data, or computational models. It is our professional opinion that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the user who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information. The transfer of electronic information is subject to the approval of the Design Professional. Depending upon the type of information requested, and the format, a fee may be required for acquisition of the data, payable to the Design Professional. Contractors are required to submit a request in writing to the Design Professional indicating the type and format of the information requested. The Design Professional will make a reasonable effort to determine whether or not the information can be provided as requested, and the fee for providing the information. If this Agreement provides for any construction phase services by the Consultant, it is understood that the Contractor, not the Consultant, its agents, employees, or sub -consultants, is responsible for the construction of the project, and that the Consultant is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier; for safety precautions, programs, or enforcement; or for construction means, methods, techniques, sequences, and procedures employed by the Contractor. When included in the Consultant's scope of services, opinions of probable construction cost are prepared on the basis of the Consultant's experience and qualifications and represent the Consultant's judgment as a professional generally familiar with the industry. However, since the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others; over contractor's methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from the Consultant's opinions of probable construction cost. The Client and the Consultant each binds himself or herself, partners, successors, executors, administrators, assigns, and legal representative to the other party of this Agreement and to the partners, successors, executors, administrators, assigns, and legal representative of such other party in respect to all covenants, agreements, and obligations of this Agreement. Neither the Client nor the Consultant shall assign, sublet or transfer any rights under or interest in (including but without limitations, monies that may be due or monies that are due) this Agreement, without the written consent of the other, except as stated in the paragraph above, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Consultant from employing such independent consultants, associates, and sub -contractors, as he or she may deem appropriate to assist in the performance of services hereunder. It is acknowledged by both parties that the Consultant's scope of services does not include any services related to the presence at the site of asbestos, PCB's, petroleum, hazardous waste, or radioactive materials. The Client acknowledges that the Consultant is performing professional services for the Client and the Consultant is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA). The Client may terminate this Agreement with seven days (7) prior written notice to the Consultant for convenience or cause. The Consultant may terminate this Agreement for cause with seven (7) days prior written notice to the Client. The Client is obligated to pay for all services rendered up to the date the Consultant receives the written notice of intent to terminate. Failure of the Client to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Consultant has been paid in all full amounts due for services, expenses, and other related charges. This Agreement supersedes all terms and conditions contained on a purchase order typically procuring products. It is understood by both parties upon execution of this agreement that if a purchase order is issued, it is for accounting purposes only. Purchase order terms and conditions are void and are not a part of our agreement. IIW, P.C. March 27, 2020 Sam Murley 249 West 1st Street Dubuque, IA 52001 Re: Amendment No. 1 to Proposal for Professional Services 249 West 1st Street Renovation IIW Project No.: 20058 Dear Sam: IIW has prepared the following as the basis for Amendment No. 1 to the Professional Services Agreement dated February 27, 2020. SCOPE OF SERVICES Items A-D of the original Professional Services Agreement remains unchanged. The following additional services are added by this Amendment and will be provided by or under the direct personal supervision of an Architect licensed to practice in the State of Iowa. E. Preliminary Design (Services added) 1. Provide First floor plan of proposed retail spaces. 2. Attend a meeting(s) with the Client to discuss and review first floor plan. 3. Perform an architectural code review using the applicable building codes. 4. Create a code plan showing any required fire -rated construction, occupancy, and means of egress. 5. Provide updated Schematic South Elevation. ADDITIONAL SERVICES (Services added) Items 1-6 of the original Professional Services Agreement remains unchanged. The following services are for informational purposes only. If authorized in writing by the Client, IIW shall furnish or obtain from others additional services of the types listed below: 7. Services related to additional Structural modifications. 8. Construction Drawings. 9. Services during Construction. 10. Services related to Storefront design and details. COMPENSATION IIW proposes to complete the Scope of Services as follows: Section E, Preliminary Design: a lump sum fee of $4,000 (four -thousand dollars and zero cents). DELIVERABLES 1. First Floor Plan 2. Code Review and Plan. 3. Schematic South Elevation. www.iiwengr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE/SE* ** Charles A. Cate, PE ** Gary D. Sejkora, PE ** Timothy J. Tranel, PE* Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS ** Wray A. Childers, PLS ** Geoffry T. Blandin, PE Mark C. Jobgen, PE ** Lauren N. Ray, PE/SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB/AIA* Eric J. Helminiak, PE/SE* Jeffrey J. Brandt, PLS Craig L. Geiser, PLS Nathan W. Miller, PE Nicholas A. Schneider, PE Christian J. Hendrie, AIA Eldon M. Schneider, PE Patrick R. Ready, PE Nicholas M. Rettenberger, AIA Christopher A. Becklin, PE Courtney E. Wand, PE Jonathan H. Lutz, PE John M. Tranmer, PLS Andrew C. Busch, NCARB/AIA Bryson E. Winsky, PE Jeri M. Vondera, PE Noah J. Hofrichter, PE Andrew J. Goedken, PE Emily M. Crowe, PE * LEED AP ** Retired iiw 249 West 1 s' Street Renovation Amendment No. 1 March 27, 2020 Page 2 of 2 GENERAL TERMS AND CONDITIONS The General Terms and Conditions of the original Professional Services Agreement dated February 27, 2020 shall be applicable to this Amendment. If the services and fees defined in this Amendment are acceptable, please return one signed copy to our office. The second copy is for your records. If you have any questions, or require further assistance, please feel free to contact me at n.rettenberger@iiwengr.com or our office at 563-556-2464. Thank you for choosing IIW, P.C. as the provider of professional services for your project. Sincerely, IIW, P.C. Nick Rettenberger- AIA !_- / Lauren N. Ray, P.E., S.E. Project Manage - Vice-President/Secretary I hereby accept this Contract Amendment No. 1 and authorize this work. FOR: Sam Murley Authorized Signature Date MONTANA HOUSE MONTANA HOUSE, LLC FACADE SCOPE AND COSTS Montana House, LLC PO Box 3242 Dubuque, IA Storefront Doors $14,015.10 Storefront Windows $5,755.00 Tuck -pointing $10,400.00 Window Install $11,750.00 Concrete/Sidewalk $5,790.00 Storefront Finish and Labor $7,500.00 2nd and 3rd Floor Front 4/4 Windows $29,246.71 Total $84,456.81 �1 Premier BANK March 4, 2020 Ready for life. Mr. Sam Murley Montana House, LLC 14157 Deerfield Ct. Dubuque, IA 52003 Re: Loan Administration fee of $2,500.00 on W. 1st Street Property Renovation Dear Sam, The $2,500.00 loan fee being assessed is for the oversight and monitoring of the project including but not limited to: • Financial consulting to analyze the feasibility of the project, review Pro -forma, and reduce the risk of budget over -run. • Loan Administration including time involved in reviewing and underwriting the requested loan for the project. • Administer Advances and payouts to contractor and sub -contractors which includes reviewing invoices, request for funds and lien waivers for the project. • Periodic sight inspections. If you have any questions or need any additional information please do not hesitate to give me a call at 563-585-3100 or send me an e-mail at sdalsing@premierbanking.com Sincerely,rey, Scott A. Dalsing Vice President Commercial Lending DUBUQUE, IA / 563.588.1000 / W W W.PREMIERBANKING.BANK Fj$j CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"), has granted incentives to Montana House, LLC (the "Grantee"), in accordance with a Development Agreement dated as of April 20th, 2020 (the "Agreement"), certain real property located within the Greater Downtown Urban Renewal District of the Grantor and as more particularly described as follows: Lot 2 of MONTANA HOUSE, in the City of Dubuque, Iowa, according to the Plat recorded as Instrument #2020-2319, records of Dubuque County, Iowa (the "Development Property"); and WHEREAS, said Agreement incorporated and contained certain covenants and conditions with respect to the rehabilitation of the Development Property, and obligated the Grantee to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Grantee has to the present date performed said covenants and conditions insofar as they relate to the construction of the Minimum Improvements in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; and NOW, THEREFORE, pursuant to Section 1.3 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Grantee, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Grantee to the satisfaction of the Grantor and such covenants and conditions are hereby satisfied. The County Recorder of Dubuque County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfaction of the covenants and conditions as set forth in said Agreement, and that the Agreement shall otherwise remain in full force and effect. (SEAL) CITY OF DUBUQUE, IOWA By: Mike Van Milligen, City Manager STATE OF IOWA SS COUNTY OF DUBUQUE ) On this day of , , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and acknowledged said execution of the instrument to be his/her voluntary act and deed. Notary Public in and for Dubuque County, Iowa