Proposed Development Agreement by and between the City of Dubuque, Iowa and Farley & Loetscher, LLC Providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement_Hearing Copyrighted
September 5, 2023
City of Dubuque Public Hearings # 01.
City Council Meeting
ITEM TITLE: Proposed DevelopmentAgreement by and between the City of
Dubuque, lowa and Farley& Loetscher, LLC Providing forthe Issuance
of Urban Renewal Tax Increment Revenue Grant Obligations Pursuantto
the DevelopmentAgreement
SUMMARY: Proof of Publication on notice of public hearing to consider Development
Agreement by and between the City of Dubuque, lowa and Farley&
Loetscher, LLC providing for the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations. and City Manager recommending
approval.
RESOLUTION Approving a Development Agreement by and between
the City of Dubuque, lowa and Farley& Loetscher, LLC, including the
issuance of Urban Tax I ncrement Revenue Obligations
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Development Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approving a Proposed Development Agreement by and between the City
of Dubuque, lowa and Farley & Loetscher, LLC Providing for the Issuance
of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to
the Development Agreement
DATE: August 30, 2023
Economic Development Director Jill Connors is recommending City Council adopt a
resolution approving a proposed Development Agreement by and between the City of
Dubuque and Farley & Loetscher, LLC providing for the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations.
Matt Mulligan is a member of Farley & Loetscher, LLC. Matt Mulligan has been an
instrumental developer in the City's effort to close the gap in available housing in the
City of Dubuque. Matt Mulligan successfully completed the historic redevelopment of
the Kretschmer Lofts (220 E 9t" Street) creating 48 new market rate rental units in the
Historic Millwork District. He is also the owner of Switch Development, LLC, which is
constructing over 100 new single-family residences within the City.
Farley & Loetscher, LLC intends to rehabilitate the structure at 801 Jackson to revitalize
the building and create 126 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 property located at 801 Jackson Street
is in the Historic Millwork District and has remained partially vacant for several years.
The key elements of the Development Agreement include the following:
1. Developer will make a capital investment of approximately $25 Million to
rehabilitate the facility.
2. Developer must create 126 market-rate residential rental units.
3. Developer will receive 15 years of tax increment financing incentives in the
form of semi-annual rebates. Tax increment financing incentives are
estimated to not exceed $2,630,619.
4. City to award a Downtown Housing Incentive Grant in an amount of
$750,000 ($10,000 x 75 units)
5. City to award a Planning & Design Grant, Fa�ade Grant, and Financial
Consultant Grant not to cumulatively exceed $35,000.
6. City of Dubuque will amend the Greater powntown 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
lan Hatch, Assistant Economic Development Director
2
Dubuque Economic Development
Department
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TTY(563)690-6678
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TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Approving a Proposed Development Agreement by and between the City
of Dubuque, lowa and Farley & Loetscher, LLC Providing for the Issuance
of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to
the Development Agreement
DATE: August 29, 2023
INTRODUCTION
This memorandum is a request for the City Council to adopt the attached resolution
approving a proposed Development Agreement by and between the City of Dubuque,
lowa and Farley & Loetscher, LLC providing for the issuance of Urban Renewal Tax
Increment Revenue Grant Obligations.
BACKGROUND
Matt Mulligan is a member of Farley & Loetscher, LLC. Matt Mulligan has been an
instrumental developer in the City's effort to close the gap in available housing in the
City of Dubuque. Mulligan successfully completed the historic redevelopment of the
Kretschmer Lofts (220 E 9t" Street) creating 48 new market rate rental units. Mulligan is
also the owner of Switch Development, LLC, which is constructing over 100 new single-
family residences within the City. The property located at 801 Jackson Street has
remained vacant for several years.
DISCUSSION
Farley & Loetscher, LLC intends to rehabilitate the structure to revitalize the building
and create 126 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 $25 Million
dollars to rehabilitate the facility.
2. Developer must create 126 market-rate residential rental units.
3. Developer will receive 15 years of years of tax increment financing
incentives in the form of semi-annual rebates. Tax increment financing
incentives are estimated to not exceed $2,630,619.
4. City to award a Downtown Housing Incentive Grant in an amount of
$750,000 ($10,000 x 75 units)
5. City to award a Planning & Design Grant, Fa�ade Grant, and Financial
Consultant Grant not to cumulatively exceed $35,000.
6. City of Dubuque will amend the Greater powntown 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, following the public hearing, the City Council adopt the attached
resolution approving the Development Agreement including the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations.
2
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. 294-23
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND FARLEY & LOETSCHER, LLC, INCLUDING THE ISSUANCE
OF URBAN TAX INCREMENT REVENUE OBLIGATIONS
WHEREAS, Farley& Loetscher, LLC is the owner of the property legally described
as follows:
CITY LOTS 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378
(the Property); and
WHEREAS, the City Council, by Resolution No. 273-23, dated August 21 , 2023,
declared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa, and Farley & Loetscher, LLC, including the issuance of Urban Renewal
Tax Increment Revenue Obligations; and
WHEREAS, pursuant to published notice, a public hearing was held on the
proposed Development Agreement on September 5, 2023 at 6:30 p.m.; and
WHEREAS, it is the determination of the City Council that approval of the
Development Agreement for redevelopment of the Property by Farley & Loetscher, LLC,
according to the terms and conditions set out in the Development 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 Development Agreement by and between the City of
Dubuque, Iowa, and Farley & Loetscher, LLC, a copy of which is attached hereto,
including the issuance of Urban Renewal Tax Increment Revenue Obligations, is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Development 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 Development Agreement as herein approved.
Passed, approved, and adopted this 5th day of September, 2023.
T
/
rad M. Cavanagh layor
Attest:
Trish L. Gleason, Assistant City Clerk
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DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA,
AND
FARLEY & LOETSCHER, LLC
THIS DEVELOPMENT AGREEMENT (the Agreement) dated for reference
purposes the day of , 2023 is made and entered into by and between
the City of Dubuque, lowa (City) and Farley & Loetscher, LLC (Developer).
WHEREAS, Developer is the owner of the following described real estate (the
Property):
CITY LOTS 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378
locally known as 801 Jackson Street (the Property); and
WHEREAS, the Property is located in the Greater powntown Urban Renewal
District (the District) which has been so designated by City Council Resolution 179-23 as
a slum and blighted area (the Project Area)defined by lowa Code Chapter 403 (the Urban
Renewal Law); and
WHEREAS, Developer will undertake the redevelopment of a building located on
the Property and will be operating the same during the term of this Agreement; and
WHEREAS, Developer will make a capital investment in building improvements,
equipment, furniture and fixtures in the Property (the Project); and
WHEREAS, the Property is historically significant, and it is in the City's best interest
to preserve the Property; and
WHEREAS, pursuant to lowa 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
June 5, 2023, 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:
SECTION 1. REPRESENTATIONS AND WARRANTIES
08152023ba1
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 time of closing confirming
the representation 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 Property which 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 powntown Urban Renewal Plan, most recently approved by
City Council of City on June 5, 2023, 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, in on file records in the office of the City Clerk and has
been recorded among the land records of the Dubuque County Recorder.
1.2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties:
(1) Developer is an lowa limited liability company duly organized and validly
existing under the laws of the State of lowa 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 the Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Developer and, assuming due authorization, execution and delivery by the 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 an opinion to the City,
at 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.
(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. This Property is located in an Urban
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Revitalization District, and Developer intends to apply for property tax abatement
incentives.
(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 Closinp. The closing shall take place on the Closing Date which shall be the 1St
day of September, 2023, or such other date as the parties shall agree in writing but in no
event shall the Closing Date be later than the 30t" 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 Closinq. 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
received such other evidence of Developer's financial ability as the reasonable
judgment of the City requires.
(5) Developer's counsel shall issue an opinion to the City confirming the
4
representations contained herein in the form attached hereto as Exhibit B.
(6) Developer shall have received a Federal Historic 20% Rehabilitation Tax
Credit Award in form and amounts reasonably satisfactory to Developer.
Developer shall apply for Tax Credits in 2023. If the 2023 application is not
awarded, Developer may elect to reapply in 2024.
1.5 Cit '�gations 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
not less than Twenty-Five Million Dollars ($25,000,000.00) to acquire and improve the
Property (the Minimum Improvements). The Minimum Improvements shall consist of the
creation of One Hundred Twenty-Six (126) apartments.
2.2 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitation. However, if the Project is not awarded Historic Tax Credits
by December 30, 2023, the U.S. Secretary of the Interior's Standards for Rehabilitation
will be interpreted by City, in its sole discretion, to apply only to the Exterior Improvements.
2.3 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, lowa.
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.
2.4 Timinq of Improvements. Developer hereby agrees that construction of the
Minimum Improvements on the Property shall be commenced by January 1, 2024 and
shall be substantially completed by December 31, 2025. The time frames 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 labor troubles, 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.
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2.5 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 in the form attached as Exhibit F. Such certification
(the Certificate of Completion) shall be in recordable form and shall be a conclusive
determination of the satisfaction and termination of the agreements and covenants in 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 thirty (30) consecutive semi-annual payments (such payments being referred to
collectively as the Economic Development Grants) to Developer:
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
November 1, 2036 May 1, 2037
November 1, 2037 May 1, 2038
November 1, 2038 May 1, 2039
November 1, 2039 May 1, 2040
November 1, 2040 May 1, 2041
November 1, 2041 May 1, 2042
pursuant to lowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to a
portion of the tax increment revenues collected by City under lowa Code Section 403.19
(without regard to any averaging that may otherwise be utilized under lowa 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
6
of the increase in the assessed value of the Property above the assessed value on
January 1, 2023 ($1,819,100). 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 lowa law, and thus such incremental taxes will not include all amounts
paid by Developer as regular property taxes.
3.2 Downtown Housing Incentive Grant.
(1) City agrees to provide to Developer, on the terms and conditions set forth
herein, a grant in the amount of Seven Hundred Fifty Thousand Dollars
($750,000.00).
(2) The grant shall be paid in Ten Thousand Dollar ($10,000.00) payments for
each apartment that receives a Certificate of Occupancy up to a maximum of
Seventy-Five (75) apartments.
3.3. Planning and Desiqn Grant. City agrees to provide a matching (1:1) grant not to
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 Property on the terms and conditions set forth in
Exhibit G.
3.4. Fa�ade Grant. City agrees to provide a matching (1:1) 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 on the
terms and conditions set forth in Exhibit H.
3.5. 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 on the
terms and conditions set forth in Exhibit I.
3.6. 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
Downtown Incentive Program funds;
(2) Prior to the release of any grant funds, (i) Developer shall have submitted
documentation of its eligible expenses under the corresponding grant program,
and (ii) City shall have issued a Certificate of Completion; and
7
(3) The grant funds shall be disbursed directly to Developer.
3.7. Written requests for payment of grant funds must be submitted to the Economic
Development Department together with all required documentation.
SECTION 4. COVENANTS OF DEVELOPER
4.1 Subject to Section 2.2, the Minimum Improvements shall conform to the U.S.
Secretary of the Interior's Standards for Rehabilitation.
4.2 Operation of Development Propertv; Housinq Vouchers. For and in consideration
of the grant offered under this Agreement, during the operation of the 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.
This Section 4.2 shall survive the termination of this Agreement.
4.3 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
Developer shall provide reasonable protection against loss or damage to such books of
record and account.
4.4 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.
4.5 No Other Exemptions. During the term of this Agreement, Developer agrees that
Developer shall not, without City's consent which shall not be unreasonably withheld,
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 lowa Code Chapters 404 and 427, as
amended.
4.6 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, naming City
8
as loss payee. 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), naming City as loss
payee. 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
$50,000 in amount to, or destruction of, the Minimum 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 or value 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
Developer for such purposes are sufficient.
4.7 Release and Indemnification Covenants.
(1) Developer releases City and the governing body members, officers, agents,
servants and employees thereof (hereinafter, for purposes of this Section, the
Indemnified Parties) from and covenants and agrees that the Indemnified Parties
shall not be liable for, and agrees to indemnify, defend and hold harmless the
Indemnified Parties against any loss or damage to property or any injury to or death
of any person occurring at or about or resulting from any defect in the Minimum
Improvements.
(2) Except for any gross negligence, willful misrepresentation or any willful or
wanton misconduct or any unlawful act of the Indemnified Parties, Developer
agrees to protect and defend the Indemnified Parties, now or forever, and further
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agrees to hold the Indemnified Parties harmless, from any claim, demand, suit,
action or other proceedings whatsoever by any person or entity whatsoever arising
or purportedly arising from (1) any violation of any agreement or condition of this
Agreement (except with respect to any suit, action, demand or other proceeding
brought by Developer against City based on an alleged breach of any
representation, warranty or covenant of City under this Agreement and/or to
enforce its rights under this Agreement); or (2) the acquisition, construction,
installation, ownership, and operation of the Minimum Improvements or (3) the
condition of the Property and any hazardous substance or environmental
contamination located in or on the Property, caused and occurring after Developer
takes possession of the Property.
(3) The Indemnified Parties shall not be liable to Developer for any damage or
injury to the persons or property of Developer or its officers, agents, servants or
employees or any other person who may be on, in or about the Minimum
Improvements due to any act of negligence of any person, other than any act of
negligence on the part of any such Indemnified Party or its officers, agents,
servants or employees.
(4) All covenants, stipulations, promises, agreements and obligations of City
contained herein shall be deemed to be the covenants, stipulations, promises,
agreements and obligations of City, and not of any governing body member,
officer, agent, servant or employee of City in their individual capacity thereof.
(5) The provisions of this Section shall survive the termination of this
Agreement.
4.8 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.
4.9 Non-Discrimination. In carrying out the project, Developer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age or disability.
4.10 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
10
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.
4.11 Non-Transferability. During the Term of this Agreement, this Agreement may not
be assigned by Developer nor may any portion of the Property be sold or otherwise
transferred by Developer without the prior written consent of City in City's sole discretion.
City has no obligation to consent to any assignment or sale, however City's consent shall
not be unreasonably withheld
4.12 No chanqe 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 become other than residential property and to be taxed as such under lowa law.
4.13 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof 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 residential housing condominium association, 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.
4.14 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 5. EVENTS OF DEFAULT AND REMEDIES.
5.1 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:
11
(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.
(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.
5.2. Remedies on Default bv Developer. Whenever any Event of Default referred to in
Section 5.1 of this Agreement 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
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 Developer deemed adequate by City, that the Developer will cure
its default and continue its perFormance under this Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) Developer shall repay to City the amount of all grants paid to Developer and
shall reimburse City for any costs incurred by City in making such grants, 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.
5.3 No Remedv 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
12
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.
5.4 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.
5.5 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.
5.6 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 its performance under this Agreement until it receives assurances from City,
deemed adequate by Developer, that City will cure its default and continue its
performance under this Agreement.
SECTION 6. GENERAL TERMS AND PROVISIONS.
6.1 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: Farley & Loetscher, LLC
Matt Mulligan, Member
1167 Hunters Ridge
Dubuque IA 52003
Phone: (563) 583-1724
With copy to: Simmons Perrine Moyer Bergman PLC
Matt Hektoen
115 3rd Street SE, Suite 1200
Cedar Rapids, Iowa 52401-1266
13
Phone: (319) 896-4030
If to City: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4110
Fax: (563) 589-4149
With copy to: City Attorney
City Hall
50 W. 13th 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.
6.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit
of City and Developer and their respective successors and assigns.
6.3 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 (the Termination Date).
6.4. Execution by Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine or electronic transmission. The parties intend that
the faxed or electronic transmission signatures constitute original signatures and that a
faxed or electronically transmitted Agreement containing the signatures (original, faxed
or electronically transmitted) of all the parties is binding on the parties.
6.5 Memorandum of Development Agreement. City shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit D in the
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.
CITY OF DUBUQUE, IOWA FARLEY & LOETSCHER, LLC
B By /_
rad M. Cavan,. , Mayor Matt Mulligan, h;"ember
14
Attest:
drier i ie N. tfelder; Eit5rCterk------
i c-', L. CaR2ctsa5t , [ass c.N}- G', 011:1-4-}.,
15
LIST OF EXHIBITS
EXHIBIT A City Attorney Certificate
EXHIBIT B Opinion of Developer Counsel
EXHIBIT C City Certificate
EXHIBIT D Memorandum of Development Agreement
EXHIBIT E Urban Renewal Plan
EXHIBIT F Certificate of Completion
EXHIBIT G Planning and Design Grant Program
EXHIBIT H Fa�ade Grant Program
EXHIBIT I Financial Consultant Grant Program
16
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
17
Dubuque
Barry A.Lindahl,Esq. THE CTTY OF �
Senior Counsel IIF�nerl��Cl�
D �����
Suite 330,Harbor View Place �� � �� ���
300 Main Street ��
Dubuque,Iowa 52001-6944
(563)583-4ll3 office �" • • 20o7•2oi2
(563)583-1040 fax MaSt21"�712CE On tl'l2 M1SS1SSl�7�7� 2013•2017
balesq�a,citvofdubuque•org
Office Hours: 8:00 AM—5:00 PM,T-W-Th
8:00 AM—12:00 PM,F
(DATE)
RE:
Dear •
I have acted as counsel for the City of Dubuque, lowa, in connection with the execution
and delivery of a certain Development Agreement between Farley & Loetscher, LLC
(Developer) and the City of Dubuque, lowa (City) dated for reference purposes the
day of , 20_.
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.
Senior Counsel
BAL:tIs
ls
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
19
Mayor and City Councilmembers
City Hall
13t" and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, lowa and
Farley & Loetscher, LLC
Dear Mayor and City Councilmembers:
We have acted as counsel for Farley & Loetscher, LLC, (Developer) in connection
with the execution and delivery of a certain Development Agreement (Development
Agreement) between Developer and the City of Dubuque, lowa ("City") dated for
reference purposes the day of , 20_
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
statements set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries as
we have deemed appropriate, to our knowledge as of the date of this letter:
1. Developer is a limited liability company organized and existing under the
laws of the State of lowa and has full power and authority to execute, deliver and perForm
in full 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 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. 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. 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 raises any questions affecting
the validity of the Agreement or the Developer's ability to perform Developer's obligations
thereunder.
20
Very truly yours,
21
EXHIBIT C
CITY CERTIFICATE
22
Dubuque
THE CTTY OF � City Manager's Office
AIM�neMe�Cily City Hall
U� � '�I ""�I� 50 West 13t"Street
� I I �� Dubuque,Iowa 52001-4864
(563)589-4110 office
(563)589-4149 fax
Masterpiece on the Mississippi 2p13•2017 ctymgr@cityofdubuque.org
(DATE)
Dear �
I am the City Manager of the City of Dubuque, lowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between
Farley & Loetscher, LLC (Developer) and the City of Dubuque, lowa (City) dated for
reference purposes the day of , 20_.
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 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
23
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 Property which 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
24
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
25
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, lowa, an lowa Municipal
Corporation, of Dubuque, lowa, and Farley & Loetscher, LLC was made regarding the
following described premises:
CITY LOTS 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378
locally known as 801 Jackson Street (the Development Property).
The Development Agreement is dated for reference purposes the day of
, 2023, and contains covenants, conditions, and restrictions concerning the
sale and use of the Development Property.
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 , 2023.
CITY OF DUBUQUE, IOWA
By:
Barry A. Lindahl, Esq., Senior Counsel
26
STATE OF IOWA
: ss:
DUBUQUE COUNTY
On this day of , 2023, before me, a Notary Public in and for the State of
lowa, in and for said county, personally appeared Barry A. Lindahl, to me personally
known, who being by me duly sworn did say that he is Senior Counsel of the City of
Dubuque, a Municipal Corporation, created and existing under the laws of the State of
lowa and that said instrument was signed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Senior Counsel acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Notary Public, State of lowa
EXHIBIT E
URBAN RENEWAL PLAN
On file at the Office of the City Clerk, City Hall, 50 West 13t" Street, Dubuque, lowa
27
EXHIBIT F
CERTIFICATE OF COMPLETION
28
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, lowa, a municipal corporation (the "Grantor"),
has granted incentives to Farley & Loetscher, LLC (the "Grantee"), in accordance with a
Development Agreement dated as of [Date] (the "Agreement"), certain real property
located within the Greater powntown Urban Renewal District of the Grantor and as more
particularly described as follows:
CITY LOTS 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378
locally known as 801 Jackson Street, (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 2.5 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 )
29
On this day of , 2020, before me, the undersigned, a Notary Public
in and for the State of lowa, personally appeared and
acknowledged said execution of the instrument to be his/her voluntary act and deed.
Notary Public in and for
Dubuque County, lowa
30
EXHIBIT G
PLANNING AND DESIGN GRANT PROGRAM
31
PLANNING & DESIGN GRANT INFORMATION
This program provides grants in the Greater powntown Urban Renewal District for hiring architects,
engineers or other professional services used prior to construction.
Amount of Grant: 1:1 matching grant not to exceed ten thousand dollars ($10,000) be awarded
by the City to qualifying projects to offset the actual pre-development costs.
(Example: $8,500 in eligible project costs would receive$4,250 grant matched
by $4,250 in private contribution; $20,000 or greater eligible project costs
would receive the maximum $10,000 grant.)
Grant Specific Conditions:
• Reimbursement is for architectural and engineering fees, feasibility studies, environmental
assessments or other related soft costs.
• Reimbursable expenditures must be documented.
• Owner/developer fees are not permitted as reimbursable expenditures.
• The grant shall not exceed ten percent(10%) of total project costs.
• Grants will be disbursed upon completion of the project at a rate of $0.50 for each $1.00 of
qualified costs.
Approval Process:
1. Design review by the City Planning Department and/or the Historical Preservation Commission is
required for exterior work on the project.
2. Grant applications will be reviewed by City staff Review Committee and approved by the City
Manager.
3. Funding will be disbursed upon staff review of documented expenditures and inspection of a
completed project.
32
EXHIBIT H
FA�ADE GRANT PROGRAM
33
FACADE GRANT INFORMATION
This program provides grants in the Greater powntown Urban Renewal District for front or rear fa�ade
renovation to restore the fa�ade to its historic appearance or improve the overall appearance.
Amount of Grant: 1:1 matching grant not to exceed ten thousand dollars ($10,000) shall be
awarded by the City to qualifying projects based on total eligible project costs.
(Example: $8,500 in eligible project costs would receive a $4,250 grant
matched by $4,250 in private contribution; $20,000 or greater eligible project
costs would receive the maximum $10,000 grant.)
Grant Specific Conditions:
• Reimbursement is for labor and material costs associated with fa�ade improvements, including
but not limited to, rehabilitating or improving windows, paint, signage, or awnings to enhance
overall appearance.
• Landscaping or screening with fencing or retaining walls may be a reimbursable expense if a
determination is made that property is improved adjacent to public right-of-way.
• In order to receive reimbursement for repointing, a mortar analysis sample may be requested
for each fa�ade that will be repointed. The applicant must adhere to the results of that analysis
in their rehabilitation work as part of their approved project plan. The City may request
verification that the new mortar matches the results of the mortar analysis.
• Language from the National Park Service Technical Preservation Services Briefs may be
attached as a condition for a building permit if the applicant chooses to perform repointing on
the project.
• Reimbursable expenditures must be documented.
• Grants will be disbursed upon completion of work at a rate of$.50 for each $1.00 of qualified
costs.
Approval Process:
1. Design review by the City Planning Department and/or the Historical Preservation Commission is
required for exterior work on the project.
2. Grant applications will be reviewed by City staff Review Committee and approved by the City
Manager.
3. Funding will be disbursed upon staff review of documented expenditures and inspection of a
completed project.
34
EXHIBIT I
FINANCIAL CONSULTANT GRANT PROGRAM
35
FINANCIAL CONSULTANT GRANT INFORMATION
This program provides grants in the Greater powntown Urban Renewal District for hiring a financial
consultant to analyze the feasibility of projects.
Amount of Grant: 1:1 matching grant not to exceed fifteen thousand dollars ($15,000) shall be
awarded to qualifying projects based on total eligible project costs. (Example:
$8,500 in eligible project costs would receive a $4,250 grant matched by
$4,250 in private contribution; $30,000 or greater eligible costs would receive
the maximum $15,000 grant.)
Grant Specific Conditions:
• Reimbursement is for fees associated with hiring a professional financial consultant.
• Reimbursable expenditures must be documented.
• This grant shall not exceed ten percent(10%) of total project costs.
• The rehabilitation project must be completed for the Financial Consultant Grant to be funded.
• Grants will be disbursed upon completion of work at a rate of$.50 for each $1.00 of qualified
costs.
Approval Process:
1. Design review by the City Planning Department and/or the Historical Preservation Commission is
required for exterior work on the project.
2. Grant applications will be reviewed by City staff Review Committee and approved by the City
Manager.
3. Funding will be disbursed upon staff review of documented expenditures and inspection of a
completed project.
36
Doc ID: 011170120002 Type: GEN
Kind: AGREEMENT
Recorded: 12/01/2023 at 04:27:27 PM
Fee Amt: $12.00 Paqe 1 of 2
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00011380
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 Farley & Loetscher, LLC was made regarding the
following described premises:
CITY LOTS 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377, & 378
locally known as 801 Jackson Street (the Development Property).
The Development Agreement is dated for reference purposes the 5th day of
September, 2023, and contains covenants, conditions, and restrictions concerning the
sale and use of the Development Property.
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 lx day of 2023.
CITY OF DWLPQUE, IOWA
By:
Barry/A.-Lindahl, Esq., n ounsel
IZ��
STATE OF IOWA
: SS:
DUBUQUE COUNTY
On this day of , 2023, before me, a Notary Public in and for the State of
Iowa, in and for said ounty, personally appeared Barry A. Lindahl, to me personally
known, who being by me duly sworn did say that he is Senior Counsel of the City of
Dubuque, a Municipal Corporation, created and existing under the laws of the State of
Iowa and that said instrument was signed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Senior Counsel acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
J"I LYN YEDINGER
Public, ttafe of Iowa : CoM�mndulon Number 8s2180
,oN16 (o/�
g15ia0,)-3
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/25/2023
and for which the charge is 45.26
Subscribed to befo e me, a Notary Public nand for
Dubuque County, Iowa,
this 25th day of August, 2023
Notary P ice. I c in and for Dubuque Bounty, Iowa.
JANET K. PAPE
o e7 Commission Number 199659
2 amak r
My Commission Expires
12/11/2025
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 5th day of September,
2023, at 6:30 p.m., in the Historic Federal Building, 350 W.
6th 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 Farley &
Loetscher, 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 Farley &
Loetscher, 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 $2,630,619.
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. 13th 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.
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.
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 21st day
of August 2023.
Trish L. Gleason, Assistant, City Clerk
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