Resolution Approving a Development Agreement with Dubuque Housing, LLCCity of Dubuque
City Council
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Copyrighted
November 4, 2024
ITEM TITLE: Resolution Approving a Development Agreement by and
between the City of Dubuque, Iowa and Dubuque Housing,
LLC
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt a resolution approving a Development
Agreement by and between the City of Dubuque, Iowa and
Dubuque Housing, LLC for the creation of 48 new Low- and
Moderate -Income (LMI) housing units, and City Manager
recommending approval.
RESOLUTION Approving A Development Agreement By And
Between The City Of Dubuque, Iowa And Dubuque Housing,
LLC, Including The Issuance Of Urban Renewal Tax
Increment Revenue Obligations
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo
3. Development Agreement
4. Resolution of Approval
Page 1497 of 2498
THE CITY OF
Dubuque
DUB TEE
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 Approving a Development Agreement by and between the City
of Dubuque, Iowa and Dubuque Housing, LLC
DATE: October 31, 2024
Economic Development Director Jill Connors is recommending City Council adoption of
a resolution approving a Development Agreement by and between the City of Dubuque,
Iowa and Dubuque Housing, LLC for the creation of 48 new Low- and Moderate -Income
(LMI) housing units.
Key elements of the Development Agreement are as follows:
Developer to invest approximately $10.5 million dollars to create 48 new housing
units.
• City to make thirty (30) consecutive semi-annual tax increment financing
payments to Developer.
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.
The Project is located along Radford Road and resides within the Emri Economic
Development District
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/�� k� 4A-14111-
Micael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Page 1498 of 2498
Dubuque
THE CITY OF
All -Americo City
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UB E ' I I�'
2007-2012.2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
Economic Development
Department
1300 Main Street
Dubuque, Iowa 52001-4763
Office (563) 589-4393
TTY (563) 690-6678
http://www.cityofdubuque.org
SUBJECT: Resolution Approving a Development Agreement by and between the City
of Dubuque, Iowa and Dubuque Housing, LLC
DATE: October 28, 2024
INTRODUCTION
This memorandum presents for your review and approval a resolution approving a
Development Agreement by and between the City of Dubuque, Iowa and Dubuque
Housing, LLC for the creation of 48 new Low- and Moderate -Income (LMI) housing units.
BACKGROUND
Dubuque Housing, LLC (Developer), a Minnesota limited liability company and subsidiary
of Dubuque Housing Group, LLC is proposing to create 48 new LMI housing units in the
City of Dubuque (Project). The Project is located along Radford Road and resides within
the Emri Economic Development District which has been designated by City Council
Resolution 387-23 as an economic development area.
DISCUSSION
Key elements of the Development Agreement are as follows:
• Developer to invest approximately $10.5 million dollars to create 48 new housing
units.
• City to make thirty (30) consecutive semi-annual tax increment financing payments
to Developer.
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.
Page 1499 of 2498
RECOMMENDATION
I recommend adopting the attached resolution approving proposed Development
Agreement by and between the City of Dubuque, Iowa and Dubuque Housing, LLC.
2
Page 1500 of 2498
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA,
AND
DUBUQUE HOUSING, LLC
THIS DEVELOPMENT AGREEMENT (Agreement) dated for reference purposes
the L- day of Ncvcrr&r , 2024 is made and entered into by and between the City
of Dubuque, Iowa (City) and Dubuque Housing, LLC (Developer), a Minnesota limited
liability company.
WHEREAS, Developer is the owner of the following described real estate (the
Property):
Lot 2 of Lot 2 of Pizza Ranch Place, in the city of Dubuque, Iowa, according to the
recorded plat thereof.
; and
WHEREAS, the Property is located in the Emri Economic Development District
(the District) which has been so designated by City Council Resolution 387-23 as an
economic development area (the Project Area) defined by Iowa Code Chapter 403 (the
Urban Renewal Law); and
WHEREAS, Developer will undertake the development of a multi -residential
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 (Project); and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on November 20, 2023, City has the
authority to enter into contracts and agreements to implement the Urban Renewal Plan;
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
10082024bal
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.
Page 1502 of 2498
(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 Emri Economic Development District, approved by City Council of City
on November 20, 2023, 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. City is in compliance with all provisions of Chapter 403
of the Iowa Code with respect to this Agreement.
1.2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties that to the best of Developer's knowledge:
(1) Developer is a Minnesota limited liability company duly organized and
validly existing under the laws of the State of Minnesota 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 a legal 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.
Page 1503 of 2498
(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 6th
day of November, 2024, or such other date as the parties shall agree in writing but in no
event shall the Closing Date be later than the 30th day of November, 2024.
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
received such other evidence of Developer's financial ability as the reasonable
judgment of the City requires.
(5) Developer's counsel shall issue a legal opinion to the City confirming the
representations contained herein in the form attached hereto as Exhibit B.
(6) Developer shall have acquired the Property.
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Page 1504 of 2498
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 Ten Million Five Hundred Thousand Dollars ($10,500,000.00) to improve
the Property (the Minimum Improvements). The Minimum Improvements shall consist of
the construction of forty-eight (48) housing units.
2.2 [This section intentionally left blank]
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 substantial 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.
2.4 Timing of Improvements. Developer hereby agrees that construction of the
Minimum Improvements on the Property shall be commenced no later than thirty (30)
days after the Closing Date and shall be substantially completed by December 31, 2026.
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, pandemic or other similar health crisis
impacting normal development operations 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.
2.5 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.
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Page 1505 of 2498
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 material 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, as follows:
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 Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to the
actual amount of 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 Property and 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
assessment of January 1, 2024 ($334,400.00). Developer recognizes and agrees that the
Economic Development Grants shall be paid solely and only from the incremental taxes
collected by City in respect to the Property and Minimum Improvements, which does not
include property taxes collected for the payment of bonds and interest of each taxing
district, and taxes for the regular and voter -approved physical plant and equipment levy,
instructional support levy, and 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, 2026, 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
Page 1506 of 2498
thereafter until and including January 1, 2042, to be collected by City as taxes are paid
during the 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,
2026, the Economic Development Grants in respect thereof would be paid to the
Developer on November 1, 2027, and May 1, 2028.)
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 Emri 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 Emri TIF Account to pay the Economic
Development Grants, as and to the extent set forth in Section 3.2 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 Emri 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 Subject to City's obligation to make the payments required by Section 3.1 hereof,
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 property taxes
paid by Developer to City, or any available Developer Tax Increments resulting from the
termination of the annual Economic Development Grants under Section 3.3 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.
(1) Non-appropriation/Limited Source of Funding. Notwithstanding anything in
this Agreement to the contrary, the obligation of City to pay any installment of the
Economic Development Grant 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 under 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 as provided in this Section 3.4(1). 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 to Developer in the next fiscal year under this Agreement. Such
resolution shall be considered for adoption by the City Council at a public hearing
held on or before December 1st of any year and notice of such hearing shall be
given to Developer at least 30 days prior to the hearing. The resolution shall be
Page 1507 of 2498
approved by not less than a majority of the total number of members to which the
City Council is entitled. Developer and all other persons having an interest in the
matter shall be given an opportunity to be heard at such hearing and prior to the
adoption of such resolution.
(a) In the event the City Council 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 Grant due and payable in that
fiscal year, then: i) City shall have no further obligation to Developer for the
payment of all installments due in the next fiscal year which cannot be paid
with the funds then appropriated for that purpose; and, ii) Developer shall
be released from all further obligations under this Agreement during that
same fiscal year.
(b) Each installment of the Economic Development Grant shall be paid
by City solely from funds appropriated for that purpose by the City Council
from taxes levied on the Property that are allocated to the special fund
pursuant to Iowa Code §403.19(2).
(c) The right of non -appropriation reserved to City in this Section 3.6(1)
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 competent jurisdiction 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. To this end the provisions of this
Agreement are severable.
SECTION 4. COVENANTS OF DEVELOPER
4.1. Operation of Development Property; Housing Vouchers. For and in consideration
of the incentives 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 solely on a public assistance
source of income. A public assistance source of income means income and support
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Page 1508 of 2498
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 4.1 shall survive the termination of this Agreement. If Developer, or Developer's
successors or assigns violates the requirements of this Section 4.1 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.
4.2 Books and Records. During the term of this Agreement, Developer shall keep at
all times and make available to City upon reasonable request with at least 48 hours written
notice 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 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.
4.3 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.
4.4 No Other Exemptions. During the term of this Agreement, Developer agrees not
to apply for any state or local property tax exemptions, with the exception of forms relating
to Section 42 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.
4.5 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 cost to construct (including
Minimum Improvements) replacement value when construction is completed,
naming City as an additional insured and 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
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Page 1509 of 2498
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
$200,000 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.
4.6 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.
4.7 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.
4.8 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.
mi
Page 1510 of 2498
4.9 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. Notwithstanding the language in this Paragraph 4.9,
Developer shall be permitted to assign to any affiliate of the Developer, who is under
common control, without the consent of the City, so long as such affiliate agrees to be
bound by all of the terms and conditions of this Agreement and the Developer provides
notification of such assignment in writing to the City. Notwithstanding anything to the
contrary set forth herein, the provisions of this section shall not apply to transfers of
membership interests in the Developer.
4.10 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 become other than commercial property and to be taxed as such under Iowa law.
4.11 Restrictions on Use. During the term of this Agreement 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 residential 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 identify, 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).
4.12 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:
Page 1511 of 2498
(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.
Notwithstanding to the contrary contained herein, Developer's Investor Member shall
have the right, but not the obligation, to cure an Event of Default hereunder and the City
agrees to accept such cure as if provided by Developer itself.
5.2. Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 5.1 of this Agreement occurs and is continuing, subject to any applicable notice
and/or cure period, 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, in its reasonable judgment,
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) City may withhold the Certificate of Completion; or
(4) 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.
12
Page 1512 of 2498
5.3 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.
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: Dubuque Housing, LLC
Jamie J. Thelen, Treasurer
366 10th Ave S
Waite Park, MN 56387
Phone: (612) 604-6778
With copy to: Jon Peterson
13
Page 1513 of 2498
With copy to:
Winthrop & Weinstine
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402
Wells Fargo Bank, National Association
MAC D1086-239
550 South Tryon Street, 23rd Floor
Charlotte, NC 28202-4200
Director of Asset Management
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 Bindinq 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 and the rights and obligations of the parties
hereunder shall terminate on June 1, 2042 (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. Developer 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.
14
Page 1514 of 2498
CITY OF DUBUQUE, IOWA
Attest:
r
Nw��
Adrienne N. Breitfelder
City Clerk
15
DUBUQUE HOUSING, LLC
BY: DUBUQUE HOUSING GROUP,
LLC, A MINNESOTA LIMITED
LIABILITY COMPANY, ITS MANAGER
BY: SCI ASSOCIATES, LLC, A
MINNESOTA LIMITED LIABILITY
COMPANY, ITS MANAGER
B
Y
Megan Carr, Vice President
(City Seal)
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this 5 day of Dove-M %r 2QAq 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.
IJU J_L'_._
Notary Public
s• �.� TUSDEE LYNN BLUS
= commission Number $42479
• 10WO, , My Comm. Exp.
STATE OF AIAlt4I&W1 A- )
SS
COUNTY OF E►HBtfE�"E
1
On this day of ix�_ _ 2021�, before me the undersigned, a Notary
Public in and for the State of Minnesota personally appeared Megan S. Carr, to me
personally known, who, being by me duly sworn, did say that she is the Vice President of
SCI Associates, a Minnesota limited liability company and the Manager of Dubuque
Housing Group, LLC, the Minnesota limited liability company and the parent company of
Dubuque Housing, LLC, executing the instrument to which this is attached and that as
said Vice President of SCI Associates, a Minnesota limited liability company and the
Manager of Dubuque Housing Group, LLC acknowledges the execution of said
instrument to be the voluntary act and deed of said company, by it and by her, an
individual, voluntarily executed.
r""0t, MICHELE ANN PUGLEASA
Notary bllc ��r ) NOTARY PUBLIC•MINNESOTA
My Comm. Exp. Jan. 31, 2Mwow
UM
111RtVISZIA:I1-`&1
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
17
Page 1517 of 2498
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
18
Page 1518 of 2498
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
RE:
Dear
Dubuque
THE CITY OF
DUB E 11111It1
z007•20 z 2.2013
Masterpiece on the Mississlffl' 2017*2019
(DATE)
I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution
and delivery of a certain Development Agreement between Dubuque Housing, LLC
(Developer) and the City of Dubuque, Iowa (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.
City Attorney
BAL:tls
10082024bal
Page 1519 of 2498
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
Page 1520 of 2498
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 Dubuque Housing, LLC (Developer) 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 )2024.
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 corporation organized and existing under the laws of the
State of Minnesota 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 that are known to exist 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.
21
Page 1521 of 2498
Very truly yours,
Page 1522 of 2498
EXHIBIT C
CITY CERTIFICATE
,3
Page 1523 of 2498
THE CITY OF
UB TE
Masterpiece on the Mississippi
Dear
Dubuque
City Manager's Office
City Hall
50 West 13th Street
A11'I[mel'I City
Dubuque.1A 52001-4845
Office (563) 589-4110
Fax (563) 589-4149
TTY (563) 690-6678
2007-2012.2013
ctymgr«cityofdubuque.org
2017*2019
\vw\v.cityofdubuque.org
(DATE)
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
Dubuque Housing, LLC (Developer) and the City of Dubuque, Iowa (City) dated for
reference purposes the day of , 2024.
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)
(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 that are known to exist in any court or before any arbitrator or before
24
Page 1524 of 2498
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 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.
MCVM:jh
Sincerely,
Michael C. Van Milligen
City Manager
25
Page 1525 of 2498
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
>0
Page 1526 of 2498
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 non-
profit corporation, of Dubuque, Iowa, and Dubuque Housing, LLC was made regarding
the following described premises:
Lot 2 of Lot 2 of Pizza Ranch Place, in the city of Dubuque, Iowa, according to the
recorded plat thereof.
The Development Agreement is dated for reference purposes the day of
2024, 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 , 2024.
CITY OF DUBUQUE, IOWA
Barry A. Lindahl, Esq., Senior Counsel
STATE OF IOWA
ss:
DUBUQUE COUNTY
27
Page 1527 of 2498
On this day of , 2024, before me, a Notary Public in and for the State of
Iowa, 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
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.
Notary Public, State of Iowa
28
Page 1528 of 2498
EXHIBIT E
URBAN RENEWAL PLAN
(on file with the City Clerk's Office, 50 W. 13t" Street, Dubuque, IA 52001)
29
Page 1529 of 2498
EXHIBIT F
CERTIFICATE OF COMPLETION
Page 1530 of 2498
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"),
has granted incentives to Dubuque Housing, LLC (the "Grantee"), in accordance with a
Development Agreement dated as of [Date] (the "Agreement"), certain real property
located within the Greater Downtown Urban Renewal District of the Grantor and as more
particularly described as follows:
Lot 2 of Lot 2 of Pizza Ranch Place, in the city of Dubuque, Iowa, according to the
recorded plat thereof.
(the "Development Property"); and
WHEREAS, said Agreement incorporated and contained certain covenants and
conditions with respect to the construction 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)
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
CITY OF DUBUQUE, IOWA
Mike Van Milligen, City Manager
31
Page 1531 of 2498
On this day of 2024, before me, the undersigned, a Notary Public
in and for the State of personally appeared Michael C. Van Milligen and
acknowledged said execution of the instrument to be his/her voluntary act and deed.
Notary Public in and for
Dubuque County, Iowa
3?
Page 1532 of 2498
Prepared by Ian C. Hatch, Assistant Economic Development Director, 1300 Main Street, Dubuque, IA 52001, (563)
589-4105
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 359-24
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND DUBUQUE HOUSING, LLC, INCLUDING THE ISSUANCE OF
URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS
WHEREAS, the City Council, by Resolution No. 338-24, dated October 21, 2024,
declared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa and Dubuque Housing, 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 November 4, 2024, at 6:30 p.m.; and
WHEREAS, it is the determination of the City Council that approval of the
Development Agreement for the creation of low and moderate income housing 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. The Development Agreement by and between the City of Dubuque,
Iowa and Dubuque Housing, LLC, is hereby approved.
Section 2. 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. 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 4th day of November, 2024.
Attest: h Brad M. Cavanagr
Adrienne N. Breitfelder, City Clerk
► ►tt►tt► ►►►t►t ►►► tt►t► ►►tt► ►►t►t ►►t►t ►t►►► tt►tt ►►►t► t►►►► tt►►► tt►►► tt►►t ►►t► ►tt►
Doc ID: 011290350002 Type: GEN
Kind: AGREEMENT
Recorded: 11/13/2024 at 03:38:32 PM
Fee Amt: $12.00 Paqe 1 of 2
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00010930
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 non-
profit corporation, of Dubuque, Iowa, and Dubuque Housing, LLC was made regarding
the following described premises:
Lot 2 of Lot 2 of Pizza Ranch Place, in the city of Dubuque, Iowa, according to
the recorded plat thereof.
The Development Agreement is dated for reference purposes the 4th day of
November, 2024, 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 V-9 day of N04 2024.
CITY OF DJJBUQUE, IOWA
By:
arry A. Lindahl, Esq., Senior Counsel
oa"W ct�y 61erl< 0 12'
STATE OF IOWA
ss:
DUBUQUE COUNTY
On this day of h�pv&m)of c- _, 2024, before me, a Notary Public in and for the
State of Iowa, 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 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.
�s t JONI LYN UNINOEA
s Cml& omlon NUndW W210a
Not Public, State of low uy
ow*
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:
10/25/2024
and for which the charge is 51.87
t l
R'
Subscribed to before me, a Notary�ublic in and for
Dubuque County, Iowa,
this 25th day of October, 2024
Notary u c in and for Dubuque County, Iowa.
DIAL JANE'F
14
i oP p Commission Niimi)ei
�z My Commission Expires
-� 12/11/2025
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF 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 DUBUQUE HOUSING, LLC FOR THE
DEVELOPMENT OF PROPERTY ON RADFORD ROAD, INCLUDING THE
PROPOSED AUTHORIZATION OF URBAN RENEWAL TAX INCREMENT REVENUE
OBLIGATIONS
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa, will hold a public hearing on the 4th
day of November, 2024, at 6:30 p.m. on the proposal to take
action on the authorization and execution of the Development
Agreement, and on 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 Emri Urban
Renewal Area, consisting of the funding of economic
development grants to Dubuque Housing, LLC, under the terms
and conditions of said Development Agreement and the Urban
Renewal Plan for the Emri Urban Renewal Area. 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 $500,000.
At the meeting, the City Council will receive in -person and
virtual 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://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
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
received by the City Clerks Office.
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 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 October 2024.
Adrienne N. Breitfelder,
CMC City Clerk
It 10/25