Proposed Development Agreement with 799 Main, LLC_InitiateCity of Dubuque
City Council Meeting
Copyrighted
July 5, 2023
Items to be set for Public Hearing #
01.
ITEM TITLE: Resolution Setting a Public Hearing on a Proposed Development
Agreement by and between the City of Dubuque, Iowa and 799 Main,
LLC Providing for the Issuance of Urban Renewal Tax Increment
Revenue Grant Obligations Pursuant to the Development Agreement
SUMMARY: City Manager recommending City Council adopt the attached resolution
setting a public hearing for July 17, 2023, on a proposed Development
Agreement by and between the City of Dubuque, Iowa and 799 Main,
LLC providing for the issuance of Urban Renewal Tax Increment
Revenue Grant Obligations.
RESOLUTION Fixing the date for a public hearing of the City Council of
the City of Dubuque, Iowa on a Development Agreement by and
between the City of Dubuque, Iowa and 799 Main, LLC, including the
proposed issuance of Urban Renewal Tax Increment Revenue
Obligations relating thereto and providing for the publication of notice
thereof
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for July 17,
DISPOSITION: 2023Suggested Disposition:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Development Agreement Supporting Documentation
Resolution Resolutions
Notice of Hearing_Uploaded 7.5.23 Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution Setting a Public Hearing on a Proposed Development
Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC
Providing for the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement
DATE: June 28, 2023
Economic Development Director Jill Connors is recommending City Council adopt the
attached resolution setting a public hearing for July 17, 2023, on a proposed
Development Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC
providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
IL[yTILi1IIIIIIIIIIIIIII IIIIIIIII
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Dubuque Economic Development
Department
THE CITY OF ' 50 West 131h Street
All•AmerieaNy Dubuque, Iowa 52001-4864
DUB &http://www.cityofdubuque.org
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1111.
Office (563) 589-4393
TTY (563) 690-6678
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2007*2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Resolution Setting a Public Hearing on a Proposed Development
Agreement by and between the City of Dubuque, Iowa and 799 Main, LLC
Providing for the Issuance of Urban Renewal Tax Increment Revenue
Grant Obligations Pursuant to the Development Agreement
DATE: June 27, 2023
INTRODUCTION
This memorandum is a request for the City Council to adopt the attached resolution
setting a public hearing for July 17, 2023 on a proposed Development Agreement by
and between the City of Dubuque, Iowa and 799 Main, LLC providing for the issuance
of Urban Renewal Tax Increment Revenue Grant Obligations.
BACKGROUND
799 Main, LLC is owned by Chris Miller. Chris Miller has successfully completed
numerous historic redevelopment projects in the City of Dubuque, including 40-44 Main
Street, and 210 Jones Street. The property located at 799 Main Street has had vacant
upper story residential space for several years. The first -floor commercial space has
only been 30% occupied over the past several years.
DISCUSSION
799 Main, LLC intends to rehabilitate the structure to revitalize the first -floor commercial
space and create 36 new market -rate rental units in the upper stories. The project will
utilize historic tax credits with the remainder of the funding being a combination of
private and public financing.
The key elements of the Development Agreement include the following:
1. Developer will make a capital investment of approximately $12 Million
dollars to rehabilitate the facility.
2. Developer must create 36 market -rate residential rental units.
3. Developer will receive 10 years of years of tax increment financing
incentives in the form of semi-annual rebates. Tax increment financing
incentives are estimated to not exceed $2,382,640.
4. City to award a Downtown Housing Incentive Grant in an amount of
$360,000 ($10,000 x 36 units)
5. City to award a Planning & Design Grant, Fagade Grant, and Financial
Consultant Grant not to cumulatively exceed $35,000.
6. City of Dubuque will amend the Greater Downtown Urban Renewal District
Plan to accommodate the issuance of tax increment financing incentives.
The Development Agreement requires Developer to accept applications from
prospective tenants with housing choice vouchers (issued under the U.S. HUD's
Section 8 voucher program or a similar program) that are otherwise qualified
prospective tenants.
RECOMMENDATION/ ACTION STEP
I recommend the City Council adopt the attached resolution setting a July 17, 2023
public hearing on the Development Agreement including the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations.
2
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
799 MAIN, LLC
THIS DEVELOPMENT AGREEMENT (Agreement) dated for reference purposes the
day of , 2023 is made and entered into by and between the City of
Dubuque, Iowa (City), and 799 Main, LLC (Developer).
WHEREAS, Developer is the owner of the real estate locally known as 799 Main
Street, Dubuque, Iowa and legally described as follows (the Property):
City Lot 58, except the southerly 28.1 feet thereof (also described as "North
23 feet of City Lot 58); City Lots 56 and 57; in the City of Dubuque, Iowa
according to the United States Commissioners' Map of the Town of
Dubuque, Iowa.
; and
WHEREAS, the Property is located in the Greater Downtown Urban Renewal District
(the District) which has been so designated by City Council Resolution 123-67, on May 18,
1967 as a slum and blighted area (the Project Area) defined by Iowa Code Chapter403 (the
Urban Renewal Law); and
WHEREAS, Developer will undertake the redevelopment of a four-story building
located on the Property (the Project) and will be operating the same during the term of this
Agreement; and
WHEREAS, the Property is historically significant and it is in the City's best interest to
preserve the Property; and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on May 18, 1967 and last amended on May
2, 2022, City has the authority to enter into contracts and agreements to implement the Urban
Renewal Plan, as amended; and
WHEREAS, the Dubuque City Council believes it is in the best interests of the City to
encourage Developer in the development of the Property by providing certain incentives as
set forth herein.
NOW, THEREFORE, the parties to this Development Agreement, in consideration of
the promises, covenants and agreements made by each other, do hereby agree as follows:
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SECTION 1. REPRESENTATIONS AND WARRANTIES
1.1 Representations and Warranties of City. In order to induce Developer to enter into this
Agreement, City hereby represents and warrants to Developer that to the best of City's
knowledge:
(1) City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and that it has full power and authority to
execute, deliver and perform its obligations under this Agreement. City's attorney shall
issue a legal opinion to Developer at the time of closing confirming the representations
contained herein, in the form attached hereto as Exhibit A.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms
and conditions of this Agreement are not prevented by, limited by, in conflict with, or
result in a violation or breach of, the terms, conditions or provisions of the charter of
City, any evidence of indebtedness, agreement or instrument of whatever nature to
which City is now a party or by which it or its property is bound, or constitute a default
under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City, or which affects
the validity of the Agreement or City's ability to perform its obligations under this
Agreement.
(6) No ordinance or hearing is now before any local governmental body that either
contemplates or authorizes any public improvements or special tax levies, the cost of
which may be assessed against the Property. To the best of City's knowledge, there
are no plans or efforts by any government agency to widen, modify, or re -align any
street or highway providing access to the Property and there are no pending or
intended public improvements or special assessments affecting the Propertywhich will
result in any charge or lien be levied or assessed against the Property.
(7) The representations and warranties contained in this article shall be correct in all
respects on and as of the Closing Date with the same force and effect as if such
representations and warranties had been made on and as of the Closing Date.
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(8) As of the date of this Agreement there has been prepared and approved by City
an Urban Renewal Plan for the Project Area consisting of the Urban Renewal Plan for
the Greater Downtown Urban Renewal Plan, most recently approved by City Council of
City on May 2, 2022, and as subsequently amended through and including the date
hereof, attached as Exhibit E (the Urban Renewal Plan). A copy of the Urban Renewal
Plan, as constituted on the date of this Agreement and in the form attached hereto, has
been recorded among the land records in the office of the Recorder of Dubuque
County, Iowa.
1.2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties:
(1) Developer is a limited liability corporation duly organized and validly existing
under the laws of the State of Iowa and has all requisite power and authority to own
and operate its properties, to carry on its business as now conducted and as presently
proposed to be conducted, and to enter into and perform its obligations under this
Agreement.
(2) This Agreement has been duly authorized, executed and delivered by Developer
and, assuming due authorization, execution and delivery by City, is in full force and
effect and is a valid and legally binding instrument of Developer enforceable in
accordance with its terms, except as the same may be limited by bankruptcy,
insolvency, reorganization or other laws relating to or affecting creditors' rights
generally. Developer's counsel shall issue a legal opinion to City, at the time of
closing, confirming the representations contained herein, in the form attached hereto
as Exhibit B.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms
and conditions of this Agreement are not prevented by, limited by, in conflict with, or
result in a violation or breach of, the terms, conditions or provisions of the articles of
incorporation or the bylaws of Developer or any contractual restriction, evidence of
indebtedness, agreement or instrument of whatever nature to which Developer is now
a party or by which it or its property is bound, or constitute a default under any of the
foregoing.
(4) There are no actions, suits or proceedings pending or threatened against or
affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business, financial position or result of
operations of Developer or which affects the validity of the Agreement or Developer's
ability to perform its obligations under this Agreement.
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(5) Developer will perform its obligations under this Agreement in accordance with
the material terms of this Agreement, the Urban Renewal Plan and all local, state and
federal laws and regulations.
(6) Developer will use its best efforts to obtain, or cause to be obtained, in a timely
manner, all material requirements of all applicable local, state, and federal laws and
regulations which must be obtained or met.
(7) Developer has firm commitments for permanent financing for the Project in an
amount sufficient, together with equity commitments, to successfully complete the
requirements of this Agreement and shall provide evidence thereof to City prior to the
Closing Date.
1.3 Closing. The closing shall take place on the Closing Date which shall be the day
of , 2023, or such other date as the parties shall agree in writing but in no event
shall the Closing Date be later than the 1 st day of September, 2023. Consummation of the
closing shall be deemed an agreement of the parties to this Agreement that the conditions of
closing shall have been satisfied or waived.
1.4 Conditions to Closing. The closing of the transaction contemplated by this Agreement
and all the obligations of Developer under this Agreement are subject to fulfillment, on or
before the Closing Date, of the following conditions:
(1) The representations and warranties made by City in Section 1.1 shall be correct
as of the Closing Date with the same force and effect as if such representations were
made at such time. At the closing, City shall deliver a certificate to that effect in the
form of Exhibit C.
(2) Developer shall have the right to terminate this Agreement at any time prior to
the consummation of the closing on the Closing Date if Developer determines in its
sole discretion that conditions necessary for the successful completion of the Project
contemplated herein have not been satisfied in Developer's sole discretion. Upon the
giving of notice of termination by Developer to City, this Agreement shall be deemed
null and void.
(3) Developer and City shall be in material compliance with all the terms and
provisions of this Agreement.
(4) Developer shall have furnished City with evidence, in a form satisfactory to City
(such as a letter of commitment from a bank or other lending institution), that
Developer has firm financial commitments in an amount sufficient, together with equity
commitments, to complete the Minimum Improvements (as defined herein) in
conformance with the Construction Plans (as defined herein), or City shall have
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received such other evidence of Developer's financial ability as City in its reasonable
judgment City requires.
(5) Developer's counsel shall issue a legal opinion to City confirming the
representations contained herein in the form attached hereto as Exhibit B.
1.5 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to
Developer such other documents as may be required by this Agreement, all in a form
satisfactory to Developer.
SECTION 2. DEVELOPMENT ACTIVITIES
2.1 Required Minimum Improvements. Developer will make a capital investment of
approximately Twelve Million Dollars ($12,000,000.00) to improve the Property (the Minimum
Improvements). The Minimum Improvements include creating thirty-six (36) new residential
market rate units and rehabilitating commercial space on the first floor, all using Historic Tax
Credits.
2.2 Plans for Construction of Minimum Improvements. Plans and specifications with
respect to the development of the Property and the construction of the Minimum
Improvements thereon (the Construction Plans) shall be in conformity with Urban Renewal
Plan, this Agreement, and all applicable state and local laws and regulations, including but not
limited to any covenants, conditions, restrictions, reservations, easements, liens and charges,
recorded in the records of Dubuque County, Iowa. Developer shall submit to City, for
approval by City, plans, drawings, specifications, and related documents with respect to the
improvements to be constructed by Developer on the Property. All work with respect to the
Minimum Improvements shall be in substantial conformity with the Construction Plans
approved by City.
2.3 Timing of Improvements. Developer hereby agrees that construction of the Minimum
Improvements on the Property shall begin by October 1, 2023, and shall be substantially
completed by December 31, 2024. The time for the performance of these obligations shall be
suspended due to unavoidable delays meaning delays, outside the control of the party
claiming its occurrence in good faith, which are the direct result of strikes, other labortroubles,
unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of
God, fire or other casualty to the Minimum Improvements, litigation commenced by third
parties which, by injunction or other similar judicial action or by the exercise of reasonable
discretion directly results in delays, or acts of any federal, state or local government which
directly result in extraordinary delays. The time for performance of such obligations shall be
extended only for the period of such delay.
2.4 Certificate of Completion. Promptly following the request of Developer upon
completion of the Minimum Improvements, City shall furnish Developer with an appropriate
instrument so certifying. Such certification (the Certificate of Completion) shall be in the form
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attached as Exhibit H and shall be a conclusive determination of the satisfaction of
Developer's obligations to make the Minimum Improvements under this Agreement and
completion of the Minimum Improvements by Developer as required by this Agreement.
SECTION 3. CITY PARTICIPATION
3.1 Economic Development Grants to Developer. For and in consideration of Developer's
obligations hereunder, and in furtherance of the goals and objectives of the urban renewal
plan for the Project Area and the Urban Renewal Law, City agrees, subject to Developer being
and remaining in compliance with the terms of this Agreement, to make twenty (20)
consecutive semi-annual payments (such payments being referred to collectively as the
Economic Development Grants) to Developer:
November 1, 2026
May 1, 2027
November 1, 2027
May 1, 2028
November 1, 2028
May 1, 2029
November 1, 2029
May 1, 2030
November 1, 2030
May 1, 2031
November 1, 2031
May 1, 2032
November 1, 2032
May 1, 2033
November 1, 2033
May 1, 2034
November 1, 2034
May 1, 2035
November 1, 2035
May 1, 2036
pursuant to Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to a
portion of the tax increment revenues collected by City under Iowa Code Section 403.19
(without regard to any averaging that may otherwise be utilized under Iowa Code Section
403.19 and excluding any interest that may accrue thereon prior to payment to Developer)
during the preceding six-month period in respect of the Minimum Improvements constructed
by Developer (the Developer Tax Increments). For purposes of calculating the amount of the
Economic Development Grants provided in this Section, the Developer Tax Increments shall
be only those tax increment revenues collected by City in respect of the increase in the
assessed value of the Property above the assessed value on January 1, 2023 ($847,200).
The Developer Tax Increments shall not include (i) any property taxes collected for the
payment of bonds and interest of each taxing district, (ii) any taxes for the regular and voter -
approved physical plant and equipment levy, (iii) the remaining actual amount of tax increment
revenues collected by City in respect of the valuations of the Property prior to January 1, 2022
and (iv) any other portion required to be excluded by Iowa law, and thus such incremental
taxes will not include all amounts paid by Developer as regular property taxes.
3.2 To fund the Economic Development Grants, City shall certify to the County prior to
December 1, 2024 its request for the available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year and each year thereafter
until and including January 1, 2024, to be collected by City as taxes are paid during the
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following fiscal year and which shall thereafter be disbursed to the Developer on November 1
and May 1 of that fiscal year. (Example: if City so certifies in December, 2024, the Economic
Development Grants in respect thereof would be paid to the Developer on November 1, 2025,
and May 1, 2026.)
3.3 The Economic Development Grants shall be payable from and secured solely and only
by the Developer Tax Increments paid to City that, upon receipt, shall be deposited and held
in a special account created for such purpose and designated as the 799 Main TIF Account of
City. City hereby covenants and agrees to maintain its TIF ordinance in force during the term
hereof and to apply the incremental taxes collected in respect of the Minimum Improvements
and allocated to the 799 Main TIF Account to pay the Economic Development Grants, as and
to the extent set forth in Section 3.1 hereof. The Economic Development Grants shall not be
payable in any manner by other tax increments revenues, or by general taxation or from any
other City funds. City makes no representation with respect to the amounts that may be paid
to Developer as the Economic Development Grants in any one year and under no
circumstances shall City in any manner be liable to Developer so long as City timely applies
the Developer Tax Increments actually collected and held in the 799 Main TIF Account
(regardless of the amounts thereof) to the payment of the Economic Development Grants to
Developer as and to the extent described in this Section.
3.4 City shall be free to use any and all tax increment revenues collected in respect of
other properties within the Project Area and the remaining actual amount of the propertytaxes
paid by Developer to City, or any available Developer Tax Increments resulting from the
termination of the annual Economic Development Grants under Section 3.1 hereof, for any
purpose for which such tax increment revenues may lawfully be used pursuant to the
provisions of the Urban Renewal Law, and City shall have no obligations to Developer with
respect to the use thereof.
3.5 Downtown Housing Incentive.
(1) City agrees to provide to Developer on the terms and conditions set forth in the
Downtown Housing Incentive Program attached hereto as Exhibit F, a grant in an
amount not to exceed Three Hundred Sixty Thousand Dollars ($360,000.00) (the
Grant).
(2) Grant funds will not be disbursed to Developer until City has issued a Certificate
of Completion for the Project. The Grant shall be paid in Ten Thousand Dollar
($10,000.00) payments for each apartment that receives a Certificate of Completion up
to a maximum of thirty-six apartments. Prior to the disbursement of any funds,
Developer shall provide evidence satisfactory to City that the Minimum Improvements
have been completed in accordance with the Plans and other documentation submitted
to City with the Downtown Housing Assistance application.
3.7 Planning and Design Grant. City agrees to provide a matching (1:1) grant not to
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exceed Ten Thousand Dollars ($10,000) to reimburse Developer for documented
predevelopment costs, architectural and engineering fees and other authorized soft costs
associated with the rehabilitation of the Development Property on the terms and conditions set
forth by the State Historic Preservation Office and as set forth in Exhibit G.
3.8 Facade Grant. City agrees to provide a matching (1:1) grant not to exceed Ten
Thousand Dollars ($10,000) to reimburse Grant Recipient for documented costs that improve
the overall appearance of the Development Property, provided the Project meets the criteria of
the Facade Grant Program and on the terms and conditions set forth by the State Historic
Preservation Office and as set forth in Exhibit G.
3.9 Financial Consultant Grant. City agrees to provide a matching (1:1) grant not to
exceed Fifteen Thousand Dollars ($15,000) to reimburse Developer for documented costs
related to hiring a financial consultant to evaluate the Project's feasibility.
3.10. Payment of the Grants. The Grants shall be payable as follows:
(1) Any and all portions of the Grants shall be funded solely and only from available
Program funds;
(2) Prior to the release of any grant funds, (i) Developer shall have submitted
documentation of its eligible expenses underthe corresponding grant program and (ii)
City shall have issued a Certificate of Completion; and
(3) The Grant funds shall be disbursed directly to Developer.
SECTION 4. NON -APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non -Appropriation.
(1) Notwithstanding anything in this Agreement to the contrary, the
obligation of City to pay any installment of the Economic Development Grants
from the pledged tax increment revenues shall be an obligation limited to
currently budgeted funds, and not a general obligation or other indebtedness of
City or a pledge of its full faith and credit within the meaning of any
constitutional or statutory debt limitation, and shall be subject in all respects to
the right of non -appropriation by the City Council of City as provided in this
Section. City may exercise its right of non -appropriation as to the amount of the
installments to be paid during any fiscal year during the term of this Agreement
without causing a termination of this Agreement. The right of non -appropriation
shall be exercised only by resolution affirmatively declaring City's election to
non -appropriate funds otherwise required to be paid in the next fiscal year
under this Agreement.
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(2) In the event the City Council of City elects to not appropriate sufficient
funds in the budget for any future fiscal year for the payment in full of the
installments on the Economic Development Grants due and payable in that
future fiscal year, then City shall have no further obligation to Employer or
Developers for the payment of any installments due in that future fiscal year
which cannot be paid with the funds then appropriated for that purpose.
4.2 The right of non -appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, so as to ensure that City's obligation to pay
future installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional or statutory debt
limitation prior to the adoption of a budget which appropriates funds for the payment of
that installment or amount. In the event that any of the provisions of this Agreement are
determined by a court of competentjurisdiction to create, or result in the creation of, such a
legal indebtedness of City, the enforcement of the said provision shall be suspended, and
the Agreement shall at all times be construed and applied in such a manner as will
preserve the foregoing intent of the parties, and no event of default shall be deemed to
have occurred as a result thereof. If any provision of this Agreement or the application
thereof to any circumstance is so suspended, the suspension shall not affect other
provisions of this Agreement which can be given effect without the suspended provision,
and to this end the provisions of this Agreement are severable.
SECTION 5. COVENANTS OF DEVELOPER
5.1 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitation.
5.2. Operation of 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, Developer 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 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 5.2 shall survive the termination of this Agreement. If
Developer or Developer's successors or assigns violates the requirements of this Section 5.2
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.
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5.3 Books and Records. During the term of this Agreement, Developer shall keep at all
times and make available to City upon reasonable request proper books of record and
account in which full, true and correct entries will be made of all dealings and transactions of
or in relation to the business and affairs of Developer in accordance with generally accepted
accounting principles consistently applied throughout the period involved, and Developershall
provide reasonable protection against loss or damage to such books of record and account.
5.4 Real Property Taxes. Developer 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 Property
unless Developer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
5.5 No Other Exemptions. During the term of this Agreement, Developer agrees not to
apply for any state or local property tax exemptions 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, including those that arise under Iowa Code Chapters 404 and 427, as amended.
5.6 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all times
during the process of constructing the Minimum Improvements and at its sole cost and
expense builder's risk insurance, written on a Completed Value Form in an amount
equal to one hundred percent (100%) of the building (including Minimum
Improvements) replacement value when construction is completed. Coverage shall
include the "special perils" form and developer shall furnish City with proof of insurance
in the form of a certificate of insurance.
(2) Upon completion of construction of the Minimum Improvements and up to the
Termination Date, Developer shall maintain, or cause to be maintained, at its cost and
expense property insurance against loss and/or damage to the building (including the
Minimum Improvements) under an insurance policy written with the "special perils"
form and in an amount not less than the full insurable replacement value of the building
(including the Minimum Improvements). Developer shall furnish to City proof of
insurance in the form of a certificate of insurance.
(3) The term "replacement value" shall mean the actual replacement cost of the
building with Minimum Improvements (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.
(4) Developer shall notify City immediately in the case of damage exceeding Fifty
Thousand Dollars ($50,000) in amount to, or destruction of, the Minimum
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Improvements or any portion thereof resulting from fire or other casualty. Net proceeds
of any such insurance (Net Proceeds), shall be paid directly to Developer as its
interests may appear, and Developer shall forthwith repair, reconstruct and restore the
Minimum Improvements to substantially the same or an improved condition orvalue as
they existed prior to the event causing such damage and, to the extent necessary to
accomplish such repair, reconstruction and restoration, Developer shall apply the Net
Proceeds of any insurance relating to such damage received by Developer 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). Developer
shall complete the repair, reconstruction and restoration of Minimum Improvements
whether or not the Net Proceeds of insurance received by Developerfor such purposes
are sufficient.
5.7 Preservation of Property. During the term of this Agreement, Developer shall maintain,
preserve and keep, or cause others to maintain, preserve and keep, the Minimum
Improvements in good repair and working order, ordinary wear and tear accepted, and from
time to time shall make all necessary repairs, replacements, renewals and additions.
5.8 Non -Discrimination. In carrying out the project, Developers shall not discriminate
against any employee or applicant for employment because of age, color, familial status,
gender identity, marital status, mental/physical disability, national origin, race, religion/creed,
sex, or sexual orientation.
5.9 Conflict of Interest. Developer agrees that no member, 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, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to
be performed in connection with the project, or in any activity, or benefit therefrom, which is
part of this project at any time during or after such person's tenure. In connection with this
obligation, Developer shall have the right to rely upon the representations of any party with
whom it does business and shall not be obligated to perform any further examination into such
party's background.
5.10 Non -Transferability. Until such time as the Minimum Improvements are complete (as
certified by City under Section 2.5), this Agreement may not be assigned by Developer nor
may the Property be transferred by Developer to another party. Thereafter, with the prior
written consent of City, which shall not be unreasonably withheld, Developer shall have the
right to assign this Agreement, and upon assumption of the Agreement by the assignee,
Developer shall no longer be responsible for its obligations under this Agreement.
5.11 No change in Tax Classification. Developer agrees that it will not take any action to
change, or otherwise allow, the classification of the Property for property tax purposes to
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become other than commercial property and to be taxed as such under Iowa law. This
restriction shall terminate upon the termination of this Agreement. However, Developer may
apply for a reclassification of the Property in the event Iowa law is modified to allow a building
containing four apartments within one building to be classified as residential for property tax
purposes. .
5.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns, and
every successor in interest to the Property or any part thereof, for the duration of this
Agreement, that they, and their respective successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with, the uses specified in
the Urban Renewal Plan (and City represents and agrees that use of the Property as a
restaurant and upper -story housing, is in full compliance with the Urban Renewal Plan)
(however, Developer shall not have any liability to City to the extent that a successor in
interest shall breach this covenant and City shall seek enforcement of this covenant
directly against the party in breach of same); and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual orientation,
gender identity, national origin, age or disability in the sale, lease, rental, use or
occupancy of the Property or any improvements erected or to be erected thereon, or
any part thereof (however, Developer shall not have any liability to City to the extent
that a successor in interest shall breach this covenant and City shall seek enforcement
of this covenant directly against the party in breach of same).
5.13 Compliance with Laws. Developer shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rules and regulations the failure to comply with or
the sanctions and penalties resulting therefrom, would not have a material adverse effect on
the business, property, operations, financial or otherwise, of Developer.
SECTION 6. EVENTS OF DEFAULT AND REMEDIES
6.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this Agreement,
any one or more of the following events:
(1) Failure by Developer to pay or cause to be paid, before delinquency, all real
property taxes assessed with respect to the Minimum Improvements and the Property.
(2) Failure by Developer to cause the construction of the Minimum Improvements to
be commenced and completed pursuant to the terms, conditions and limitations of this
Agreement.
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(3) Transfer of any interest by Developer of the Minimum Improvements in violation
of the provisions of this Agreement prior to the issuance of the final Certificate of
Completion.
(4) Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
6.2. Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 5.1 of this Agreement occurs and is continuing, City, as specified below, maytake any
one or more of the following actions after the giving of written notice by City to Developer (and
the holder of any mortgage encumbering any interest in the Property of which City has been
notified of in writing) of the Event of Default, but only if the Event of Default has not been
cured within sixty (60) days following such notice, or if the Event of Default cannot be cured
within sixty (60) days and Developer 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 until it receives
assurances from the Developer deemed adequate by City, that the Developerwill cure
its default and continue its performance under this Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) Until issuance of the Certificate of Completion, City shall be entitled to recover
from Developer the sum of all amounts expended by City in connection with the
funding of the Downtown Rehab Loan/Grant and Economic Development Grant to
Developer and City may take any action, including any legal action it deems necessary,
to recover such amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation, agreement, or
covenant under this Agreement.
6.3 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.
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6.4 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.
6.5 _Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs of litigation from the other party. Such fees and costs of litigation
may be set by the court in the trial of such action or by the arbitrator, as the case may be, or
may be enforced in a separate action brought for that purpose. Such fees and costs of
litigation shall be in addition to any other relief that may be awarded.
6.6 Remedies on Default by City. If City defaults in the performance of this Agreement,
Developer may take any action, including legal, equitable or administrative action that may
appear necessary or desirable to collect any payments due under this Agreement, to recover
expenses of Developer, or to enforce performance and observance of any obligation,
agreement, or covenant of City under this Agreement. Developer may suspend their
performance underthis Agreement until they receive assurances from City, deemed adequate
by Developer, that City will cure its default and continue its performance under this
Agreement.
SECTION 7. GENERAL TERMS AND PROVISIONS
7.1 Notices and Demands. Whenever this Agreement requires or permits any notice or
written request by one party to another, it shall be deemed to have been properly given if and
when delivered in person or three (3) business days after having been deposited in any U.S.
Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows:
If to Developer: Chris Miller
799 Main, LLC
1204 Timber Hyrst Cit.
Dubuque, Iowa 52003
With copy to: Drake Law Firm, P.C.
D. Flint Drake
300 Main Street, Suite 323
Dubuque, IA 52003
If to City: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
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Phone: (563) 589-4110
Fax: (563) 589-4149
With copy to: City Attorney
City Hall
50 W. 131h Street
Dubuque IA 52001
or at such other address with respect to either party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
7.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of
City and Developer and their respective successors and assigns.
7.3 Force Majeure. A party shall be excused from its obligations under this Agreement if
and to the extent and during such time as the party is prevented, impeded, or hindered,
unable to perform its obligations or is delayed in doing so due to events or conditions outside
of the party's reasonable control and after the party has taken reasonable steps to avoid or
mitigate such event or its consequences (each a "Force Majeure Event") including, without
limitation in any way, as the result of any acts of God, war, fire, or other casualty, riot, civil
unrest, extreme weather conditions, terrorism, strikes and/or labor disputes, pandemic,
epidemic, quarantines, government stay-at-home orders, municipal and other government
orders, failure of Internet, or other matter beyond the control of such party. Upon the
occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will
promptly give notice to the other party identifying the Force Majeure Event, explaining how it
impacts performance and the estimated duration, identifying the relief requested, agreeing to
limit damages to the other party and to immediately resume performance upon termination of
the Force Majeure Event, and agreeing to supplement the notice as more information
becomes available, and thereafter the parties shall meet and confer in good faith in order to
identify a cure of the condition affecting its performance as expeditiously as possible. No
obligation to make a payment required by this Agreement is excused by a Force Majeure
Event. The nonperforming party shall not be entitled to any damages or additional payments
of any kind for any such delay.
7.4 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on December 31, 2036 (the Termination Date).
7.5 Execution by Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine. The parties intend that the faxed signatures constitute
original signatures and that a faxed Agreement containing the signatures (original orfaxed) of
all the parties is binding on the parties.
7.6 Memorandum of Development Agreement. Developer shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit D in the
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office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for so
recording.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its
name and behalf by its Mayor and attested to by its City Clerk and Developer has caused this
Agreement to be duly executed on or as of the first above written.
05022023bal
CITY OF DUBUQUE, IOWA
Brad M. Cavanagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
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799 MAIN, LLC
By
Chris Miller, Owner
(City Seal)
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this day of 20_, before me the undersigned, a Notary Public
in and for the said County and State, personally appeared Brad M. Cavanagh and Adrienne N.
Breitfelder, to me personally known, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation
executing the instrument to which this is attached; that the seal affixed hereto is the seal of
said municipal corporation; that said instrument was signed and sealed on behalf of the City of
Dubuque, Iowa, by authority of its City Council; and that said Mayor and City Clerk
acknowledged the execution of said instrument to be the voluntary act and deed of said City,
by it and by them voluntarily executed.
Notary Public
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this Z8" day of 71 L( 20a� before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Chris Miller, to me personally known, who,
being by me duly sworn, did say that he is Manager of 799 Main, LLC the limited liability
company executing the instrument to which this is attached and that as said Manager of 799
Main, LLC acknowledged the execution of said instrument to be the voluntary act and deed of
said company
0,
Notary Public
by it and by him voluntarily executed.
�. OANIEL FLINT ®BAKE
*`� e� ANIEL F Number ORA"
MyComMer on 20, vIrss
20
oa September 20, 2 24
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LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
City Attorney's Certificate
Opinion of Developer's Counsel
City Certificate
Memorandum of Development Agreement
Urban Renewal Plan
Downtown Housing Incentive Program
Planning and Design Grant Program, Fagade Grant Program, and Financial
Consultant Grant Program
Certification of Completion
05022023bal
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
05022023bal
Barry A. Lindahl, Esq.
Senior Counsel THE CITY OF
Suite 330, Harbor View Place R
300 Main StreeIowa D� L E
Dubuque, Iowa 52001-6944
(563) 583-4113 office
b583-1040 fax
bates Masterpiece on the Mississippi'
lesa(n;eit�ofdubuque ors
(DATE)
RE:
Dear
Dubuque
AlhAmeeln GI➢
2007.2012.2013
2017*2019
I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution and
delivery of a certain Development Agreement between 799 Main, LLC (Developer) and the
City of Dubuque, Iowa (City) dated for reference purposes the _ day of 2023.
The City has duly obtained all necessary approvals and consents for its execution, delivery
and performance of this Agreement and has full power and authority to execute, deliver and
perform its obligations under this Agreement, and to the best of my knowledge, the
representations of the City Manager in his letter dated the _ day of , 20_, are
correct.
Very sincerely,
Barry A. Lindahl, Esq.
City Attorney
BAL:tIs
05022023bal
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
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Mayor and City Councilmembers
City Hall
131h and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, Iowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for 799 Main, LLC, in connection with the execution and
delivery of a certain Development Agreement (Development Agreement) between Developer
and the City of Dubuque, Iowa (City) dated for reference purposes the _ day of
, 2023.
We have examined the original certified copy, or copies otherwise identified to our
satisfaction as being true copies, of the Development Agreement and such other documents
and records as we have deemed relevant and necessary as a basis for the opinions set forth
herein.
Based on the pertinent law, the foregoing examination and such other inquiries as we
have deemed appropriate, we are of the opinion that:
1. Developer is a limited liability company organized and existing under the laws of
the State of Iowa and has full power and authority to execute, deliver and perform in full the
Development Agreement. The Development Agreement has been duly and validly authorized,
executed and delivered by Developer and, assuming due authorization, execution and
delivery by City, is in full force and effect and is a valid and legally binding instrument of
Developer enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights
generally.
2. To our actual knowledge with no duty to inquire, the execution, delivery and
performance by Developer of the Development Agreement and the carrying out of the terms
thereof, will not result in violation of any provision of, or in default under, the articles of
incorporation and bylaws of Developer, any indenture, mortgage, deed of trust, indebtedness,
agreement, judgment, decree, order, statute, rule, regulation or restriction to which Developer
is a party or by which Developer's property is bound or subject.
3. To our actual knowledge with no duty to inquire, there are no actions, suits or
proceedings pending or threatened against or affecting Developer in any court or before any
arbitrator or before or by any governmental body in which there is a reasonable possibility of
an adverse decision which could materially adversely affect the business (present or
prospective), financial position or results of operations of Developer or which in any manner
05022023bal
raises any questions affecting the validity of the Agreement or the Developer's ability to
perform Developer's obligations thereunder.
This opinion is rendered for the sole benefit of the City of Dubuque and no other party may
rely on this opinion.
This opinion is rendered and valid as of the date of this letter and we have no duty to update
this opinion for any matters which come to our knowledge after the date of this letter.
Sincerely,
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EXHIBIT C
CITY CERTIFICATE
05022023bal
11111111 Mrej WA ANJV
Masterpiece on the Mississippi
Dear
DDu�ubbu,uq�,u,,,,/ee
ELKE13
All -America &iV
IW\IAJWll.thY:lliY Ai'.
2007-2012-2013
2017*2019
(DATE)
City Manager's Office
City Hall
50 West 13,h Street
Dubuque, Iowa 52001-4864
(563) 589-4110 office
(563)589-4149 fax
ctymgr@dtyofdubuque.org
I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between 799
Main, LLC (Developer) and the City of Dubuque, Iowa (City) dated for reference purposes the
_ day of 2023.
On behalf of the City of Dubuque, I hereby represent and warrant to Developer that:
(1) City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and that it has full power and authority to
execute, deliver and perform its obligations under this Agreement. City's attorney shall
issue a legal opinion to Developer at time of closing confirming the representation
contained herein, in the form attached hereto as Exhibit B.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the terms
and conditions of this Agreement are not prevented by, limited by, in conflict with, or
result in a violation or breach of, the terms, conditions or provisions of the charter of
City, any evidence of indebtedness, agreement or instrument of whatever nature to
which City is now a party or by which it or its property is bound, or constitute a default
under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
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affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City or which affects
the validity of the Agreement or City's ability to perform its obligations under this
Agreement.
(6) No ordinance or hearing is now or before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies, the
cost of which may be assessed against the Property. To the best of City's knowledge,
there are no plans or efforts by any government agency to widen, modify, or re -align
any street or highway providing access to the Property and there are no pending or
intended public improvements or special assessments affecting the Propertywhich will
result in any charge or lien be levied or assessed against the Property.
(7) The representations and warranties contained in this article shall be correct in all
respects on and as of the Closing Date with the same force and effect as if such
representations and warranties had been made on and as of the Closing Date.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:jh
05022023bal
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
05022023bal
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal
corporation, of Dubuque, Iowa, and 799 Main, LLC was made regarding the following
described premises:
City Lot 58, except the southerly 28.1 feet thereof (also described as "North 23 feet
of City Lot 58); City Lots 56 and 57; in the City of Dubuque, Iowa according to the
United States Commissioners' Map of the Town of Dubuque, Iowa.
The Development Agreement is dated for reference purposes the _ day of
, 20_, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this Memorandum
and the Development Agreement itself, executed by the parties, the terms and provisions of
the Development Agreement shall prevail. A complete counterpart of the Development
Agreement, together with any amendments thereto, is in the possession of the City of
Dubuque and may be examined at its offices as above provided.
Dated this _ day of 20_
CITY OF DUBUQUE, IOWA
By
Brad M. Cavanagh
Mayor
799 MAIN, LLC
By
Chris Miller, Owner
05022023bat
Attest:
Adrienne N. Breitfelder
City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this _day of 20_, before me, a Notary Public in and forthe State of Iowa,
in and for said county, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder, to
me personally known, who being by me duly sworn did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and existing
under the laws of the State of Iowa, and that the seal affixed to said instrument is the seal of
said Municipal Corporation and that said instrument was signed and sealed on behalf of said
Municipal corporation by authority and resolution of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation
by it voluntarily executed.
Notary Public, State of Iowa
STATE OF IOWA
COUNTY OF DUBUQUE
On this day of
SS
20_, before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Chris Miller, to me personally known, who,
being by me duly sworn, did say that he is Manager of 799 Main, LLC, the limited liability
company executing the instrument to which this is attached and that as said Manager of 799
Main, LLC, acknowledged the execution of said instrument to be the voluntary act and deed of
said company, by it and by him voluntarily executed.
Notary Public, State of Iowa
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EXHIBIT E
URBAN RENEWAL PLAN
(on file in City Clerk's office, 50 W. 1311 Street, Dubuque, IA 52001)
05022023bal
EXHIBIT F
DOWNTOWN HOUSING INCENTIVE PROGRAM
05022023bal
THE CF
DUUB-WaTE
Masterpiece on the Mississippi
Dubuque Economic Development Department
50 West 13" Street
Dubuque, Iowa 52001-4864
Office (563) 5894393
TTY (563) 690-6678
2007.2012 http://www.cityofdtibugite.org
2013.2017
DOWNTOWN HOUSING INCENTIVE PROGRAM
Projects eligible to receive assistance from this established pool of funds must
meet the following requirements:
• The project must assist in the creation of new market -rate downtown rental and/or owner -
occupied residential units within the Greater Downtown Urban Renewal District (see attached
map) and have timely commencement & completion dates identified.
• The project must be the rehabilitation of an existing structure.
• Within the Washington Neighborhood, rental units must be located above a commercial
component on the first floor of the building unless the project is rehabilitating or reusing a former
church or school building.
• Exterior alterations are subject to design review and approval. The Historic District Guidelines
shall apply to projects located in Historic Preservation District. The Downtown Design Guidelines
shall apply to all other project locations. Projects which conform to the applicable guidelines may
be reviewed and approved by the City Planner. Projects that do not strictly conform to the
applicable guidelines will be forwarded to the Historic Preservation Commission (HPC) for
consideration. New construction or substantial rehabilitation projects may also be considered by
the HPC. The process for review is at the discretion of the City Planner. Guidelines can be viewed
and downloaded at http://cityofdubuque.org/1295/Design-Guidelines.
• Any signs on the property that do not comply with City zoning regulations and design guidelines
must be included in the design review and improved to comply with applicable City Codes.
Submittal must include the design materials and colors that will be used on the sign face, how the
sign will be displayed, and any lighting proposed.
• A detailed render! ngldrawing of the proposed project must be included. The plans should
include dimensions and architectural details and label materials. Plans prepared by a design
professional (e.g. architect or draftsperson) are strongly recommended. Applications without
detailed drawings will not be considered complete and will not be accepted by the City.
• Deviation from an approved project plan may disqualify the project from theprogram.
• City funded projects may be required to meet sound proofing, lighting, security, or other standards —
as determined by the City of Dubuque following an internal neighborhood impact study — particularly
when units are located in mixed -use neighborhoods.
05022023bal
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 62001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal
corporation, of Dubuque, Iowa, and 799 Main, LLC was made regarding the following
described premises:
City Lot 58, except the southerly 28.1 feet thereof (also described as "North 23 feet
of City Lot 58); City Lots 56 and 57; in the City of Dubuque, Iowa according to the
United States Commissioners' Map of the Town of Dubuque, Iowa.
The Development Agreement is dated for reference purposes the _ day of
20_, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this Memorandum
and the Development Agreement itself, executed by the parties, the terms and provisions of
the Development Agreement shall prevail. A complete counterpart of the Development
Agreement, together with any amendments thereto, is in the possession of the City of
Dubuque and may be examined at its offices as above provided.
Dated this _ day of 20 .
CITY OF DUBUQUE, IOWA
By
Brad M. Cavanagh
Mayor
05022023ba1
799 MAIN, LLC
By C G�
Chris Miller, Owner
Prepared by/Return to: Jill Connors, Economic Development, 50 W. 130 Street, Dubuque IA 52001, 563 589-4393
RESOLUTION NO. 217-23
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF DUBUQUE, IOWA AND 799 MAIN, LLC, INCLUDING THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS
RELATING THERETO AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
WHEREAS, City and 799 Main, LLC have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of the
City Clerk, City Hail, 50 W. 13th Street, Dubuque, Iowa for the development of property
located at 799 Main Street; and
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement, with 799 Main, LLC; and
WHEREAS, it is deemed necessary and advisable that City should authorize
Urban Renewal Tax Increment Revenue obligations, as provided by Iowa Code Chapter
403 pursuant to the Development Agreement; and
WHEREAS, before said obligations may be approved, Iowa Code Chapter 403
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause a notice to
be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
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intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
17th day of July, 2023, at 6:30 o'clock p.m. The official agenda will be posted on Friday, July
14, 2023 and will contain listening, viewing, and public input options. The City Council
agenda can be accessed at https:llcityofdubuque.novusagenda.com/AgendaPubiic/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Section 2. The City Council will meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue
obligations and the execution of the Development Agreement relating thereto with 799
Main, LLC, the proceeds of which obligations will be used to carry out certain of the special
financing activities described in the Urban Renewal Plan for the Greater Downtown Urban
Renewal District, consisting of the funding of economic developments grants to 799 Main,
LLC pursuant to the Development Agreement. It is expected that the aggregate amount
of the Tax Increment Revenue obligations to be issued will be approximately $2,382,640.
Section 3. The Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall
be in substantially the form attached hereto.
Passed, approved and adopted this 5th day of July, 2023.
tom-
Attest:
t
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 17th day of July, 2023, at 6:30 p.m., in the Historic Federal Building, 350
W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to
take action to approve a Development Agreement between the City of Dubuque, Iowa
and 799 Main, LLC, a copy of which is now on file at the Office of the City Clerk, City Hall,
50 W 13th Street, Dubuque, Iowa, providing for the issuance of economic development
grants (Urban Renewal Tax Increment Revenue Grant Obligations) described therein in
order to carry out the purposes and objectives of the Urban Renewal Plan for the Greater
Downtown Urban Renewal Area Economic Development District, consisting of the
funding of economic development grants for 799 Main, LLC, under the terms and
conditions of the Urban Renewal Plan for the Greater Downtown Urban Renewal Area
Economic Development District. The aggregate amount of the Urban Renewal Tax
Increment Revenue Grant Obligations cannot be determined at the present time, but is
not expected to exceed $2,382,640.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain public input options. The City Council agenda
can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing
individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 5th day of July 2023.
Adrienne N. Breitfelder, City Clerk