First Amendment to Development Agreement with Affordable Housing Network, Inc. Copyrighted
J une 7, 2021
City of Dubuque Consent Items # 16.
City Council Meeting
ITEM TITLE: FirstAmendmentto DevelopmentAgreementbetweenthe Cityof
Dubuque and Affordable Housing Network, I nc.
SUM MARY: Senior Counsel recommending adoption of a resolution approving
the First Amendment to Development Agreement between the City of
Dubuque and Affordable Housing Network, I nc.
RESOLUTION Approving the First Amendment to Development
Agreement between the City of Dubuque, lowa and Affordable Housing
Network, I nc.
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Affordable Housing Network First Amendment to City Manager Memo
Development Agreement-MVM Memo
Memo Staff Memo
Resolution Resolutions
1stAmendment Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Development Agreement between the City of
Dubuque and Affordable Housing Network, Inc.
DATE: June 3, 2021
Senior Counsel Barry Lindahl recommends City Council approval of the First
Amendment to Development Agreement between the City of Dubuque and Affordable
Housing Network, Inc.
The Development Agreement did not include standard language for residential projects
requiring a Developer to accept applications from prospective tenants with housing
vouchers issued under the U.S. HUD's Section 8 voucher program or a similar program
who are otherwise qualified prospective tenants and prohibiting a Developer from
denying any tenant a lease based on a public assistance source of income. Affordable
Housing Network, Inc. has agreed to the attached First Amendment which adds that
language to the Development Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Dubuque
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BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Mike C. Van Milligen
City Manager
DATE: June 2, 2021
RE: First Amendment to Development Agreement between the City of Dubuque
and Affordable Housing Network, Inc.
On May 17, 2021, the City Council approved a Development Agreement between the City
of Dubuque, lowa and Affordable Housing Network, Inc. for the Bishop's Block Building.
The Development Agreement did not include standard language for residential projects
requiring a Developer to accept applications from prospective tenants with housing
vouchers issued under the U.S. HUD's Section 8 voucher program or a similar program
who are otherwise qualified prospective tenants and prohibiting a Developer from denying
any tenant a lease based on a public assistance source of income.
Affordable Housing Network, Inc. has agreed to the attached First Amendment which
adds that language to the Development Agreement.
I recommend that the attached resolution approving the First Amendment be submitted
to the City Council for consideration and adoption.
BAL:JLM
cc: Crenna Brumwell, City Attorney
Alexis Steger, Housing & Community Development Director
Marty L. Stoll, Shuttleworth & Ingersoll, P.L.0
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE (563)583-4113/FAx (563)583-1040/Ennai� balesq@cityofdubuque.org
Prepared by Barry A. Lindal, Esq. 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO 180-21
APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND AFFORDABLE HOUSING
NETWORK, INC.
WHEREAS, the City of Dubuque, Iowa, an Iowa municipal corporation (City) and
Affordable Housing Network, Inc., an Iowa non-profit corporation (AHNI), have entered
into a Development Agreement dated the 17t" day of May 2021; and
WHEREAS, City and AHNI desire to amend the Development Agreement as set
forth in the attached First Amendment attached hereto; and
WHEREAS, the City Council finds that it is in the best interests of the City of
Dubuque to approve the First Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The First Amendment to Development Agreement is hereby
approved.
Section 2. The Mayor is hereby directed to sign the First Amendment on
behalf of the City of Dubuque.
Passed, approved and adopted this 7th day of June, 2021.
Roy D. EBuol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AFFORDABLE HOUSING NETWORK, INC.
This First Amendment to Development Agreement, dated for reference purposes
the 2+6 day of J�Oe_ _, 2021, is made and entered into by and between
the City of Dubuque, Iowa, an Iowa municipal corporation (City) and Affordable Housing
Network, Inc., an Iowa non-profit corporation (AHNI),
WHEREAS, City and AHNI have entered into a Development Agreement dated
the 17 th day of May 2021; and
WHEREAS, City and AHNI desire to amend the Development Agreement as set
forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
Section 1. Section 8 of the Development Agreement is amended by adding
the following new section:
83 Operation of Development Property: Housing Vouchers. During the
operation of the Property as a rental residential property, Developer shall
accept applications from prospective tenants with housing vouchers
issued under the U.S. HUD's Section 8 voucher program or a sim ilar
program who are otherwise qualified prospective tenants. Developer shall
not deny any tenant a lease based on a public assistance source of
income. A public assistance source of income means income and support
derived from any tax supported federal, state or local funds, including, but
not limited to, social security, supplemental security income, temporary
assistance for needy families, family investment program, general relief,
food stamps, and unemployment compensation, housing choice voucher
subsidies and similar rent subsidy programs. This Section 8.3 shall survive
the termination of this Agreement. If Developer, or Developer's successors
or assigns violates the requirements of this Section 8.3 as determined by
the City Manager in the City Manager's sole discretion after the
termination of this Agreement, Developer or Developer's successors or
assigns shall not be eligible for any City financial assistance programs.
Section 2. All other terms and conditions of the Development Agreement shall
I
remain in full force and effect.
CITY OF DUBUQUE, IOWA
0
Roy D. Vuol, Mayor
AFFORDABLE HOUSING NETWORK, INC.
By:
V
Anne Gruenewald,
President and CEO
of Four Oaks Family and
Children's Services, an officer of
Affordable Housing Network, Inc.
a