Approving a Proposed Development Agreement with 1400 Central, LLC Copyrighted
December 2, 2024
City of Dubuque PUBLIC HEARINGS # 3.
City Council
ITEM TITLE: Resolution Approving a Proposed Development Agreement
with 1400 Central, LLC
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt the attached resolution approving a
Development Agreement by and between the City of
Dubuque, lowa and 1400 Central, LLC for the redevelopment
of 1400 Central Avenue. including the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations (TIF),
and City Manager recommending approval.
RESOLUTION Approving A Development Agreement By
And Between The City Of Dubuque, lowa And 1400
Central, LLC, Including The Proposed 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
Page 404 of 645
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution Approving a Proposed Development Agreement with 1400
Central, LLC
DATE: November 26, 2024
Economic Development Director Jill Connors is recommending City Council adopt the
attached resolution approving a Development Agreement by and between the City of
Dubuque, lowa and 1400 Central, LLC for the redevelopment of 1400 Central Avenue.
including the issuance of Urban Renewal Tax Increment Revenue Grant Obligations
(TIF).
Key elements of the Development Agreement are as follows:
1. Developer to make a capital investment of at least $100,000 dollars to restore the
building.
2. Developer shall create four new residential rental units.
3. City to award a Downtown Rehabilitation Grant in an amount not to exceed
$35,000, for costs associated with the restoration of the building's fa�ade.
4. City to award a Downtown Housing Creation Grant in an amount not to exceed
$40,000 ($10,000 per unit up to 4 units).
5. City to award a 15-year of tax increment financing incentive in the form of semi-
annual rebates. The tax increment financing incentive is estimated to not exceed
$60,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Page 405 of 645
Dubuque Economic Development
Department
THE CITY OF ' ' 1300 Main Street
All•Ame�ica City Dubuque,lowa 52001-4763
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TTY(563)690-6678
� http://www.cityofdubuque.org
2007*2012*2013
Masterpiece on the Mississippi 2oi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Resolution Approving a Proposed Development Agreement with 1400
Central, LLC
DATE: November 20, 2024
INTRODUCTION
This memorandum presents for your review and approval a resolution approving a
proposed Development Agreement by and between the City of Dubuque, lowa and 1400
Central, LLC for the redevelopment of 1400 Central Avenue.
BACKGROUND
1400 Central, LLC submitted an application for housing creation incentives and the
rehabilitation of the fa�ade of 1400 Central Avenue (Zoro's Gyros occupies the commercial
space). The building is a three-story brick structure that is a corner stone of the Central
Avenue corridor. The inappropriate fa�ade has been deteriorating for some time and
removal has begun to explore the historic architectural features underneath.
DISCUSSION
In addition to restoring the fa�ade including the replacement of the windows, the project will
bring back four residential rental units in the upper stories that have been vacant for years.
The project will not be utilizing historic tax credits, but plans for the exterior have been
reviewed by Planning Services.
Key elements of the Development Agreement are as follows:
1. Developer to make a capital investment of at least $100,000 dollars to restore the
building.
2. Developer shall create four new residential rental units.
Page 406 of 645
3. City to award a Downtown Rehabilitation Grant in an amount not to exceed $35,000,
for costs associated with the restoration of the building's fa�ade.
4. City to award a Downtown Housing Creation Grant in an amount not to exceed
$40,000 ($10,000 per unit up to 4 units).
5. City to award a 15-year of tax increment financing incentive in the form of semi-
annual rebates. The tax increment financing incentive is estimated to not exceed
$60,000.
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
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 (TIF).
2
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DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
1400 CENTRAL, LLC
This Development Agreement (Agreement) dated for reference purposes the
_12 day of November , 2024 is made and entered into by and between the
City of Dubuque, Iowa (City), and 1400 Central, LLC (Developer).
WHEREAS, Developer is the owner of the real estate locally known as 1400 Central
Avenue, Dubuque, Iowa and legally described as follows (the Property):
The Westerly 65 feet of the Southerly 31 feet 7'/2 inches of Lot 443 in the City of
Dubuque, Iowa, according to the United States Commissioners' Map of the Town
of Dubuque, Iowa.
; and
WHEREAS, the Property is located in the Greater Downtown Urban Renewal District
(the District) which has been so designated by City Council Resolution 123-67, on May 18,
1967 as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403
(the Urban Renewal Law); and
WHEREAS, Developer will undertake the redevelopment of a building (the Building)
located on the Property (the Project) and will be operating the same during the term of this
Agreement; and
WHEREAS, the Building is historically significant and it is in the City's best interest
to preserve the Building; and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on May 18, 1967 and last amended on
September 3, 2024, 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 DevelopmentAgreement, in consideration of
the promises, covenants and agreements made by each other, do hereby agree as follows:
SECTION 1. REPRESENTATIONS AND WARRANTIES
1.1 Representations and Warranties of Citv. In order to induce Developer to enter into
this Agreement, City hereby represents and warrants to Developer that to the best of City's
knowledge:
(1) City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and that it has full power and authority
to execute, deliver and perform its obligations under this Agreement. City's attorney
shall issue a legal opinion to Developer at the time of closing confirming the
representations contained herein, in the form attached hereto as Exhibit A.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City, or which
affects the validity of the Agreement or City's ability to perform its obligations under
this Agreement.
(6) No ordinance or hearing is now before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies,the
cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
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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 section 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.
(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 September 3, 2024, and as subsequently amended through
and including the date hereof, attached as Exhibit E (the Urban Renewal Plan). A
copy of the Urban Renewal Plan, as constituted on the date of this Agreement and
in the form attached hereto, has been recorded among the land records in the office
of the Recorder of Dubuque County, lowa.
1.2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties:
(1) Developer is a limited liability corporation duly organized and validly existing
under the laws of the State of 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 this Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Developer and, assuming due authorization, execution and delivery by City, is in full
force and effect and is a valid and legally binding instrument of Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally. Developer's counsel shall issue a legal opinion to City, at the time
of closing, confirming the representations contained herein, in the form attached
hereto as Exhibit B.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
Page 410 of 645
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.
(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 forthe 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 Public Hearing.
1.3 Closinq. The closing shall take place on the Closing Date which shall be the 17th
day of December, 2024, or such other date as the parties shall agree in writing but in no
event shall the Closing Date be later than the 31 st day of December, 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 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.
Page 411 of 645
(2) Developer shall have the right to terminate this Agreement at any time priorto
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 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 City in its reasonable
judgment City requires.
(5) Developer's counsel shall issue a legal opinion to City confirming the
representations contained herein in the form attached hereto as Exhibit B.
1.5 Citv's Obliqations at Closinq. 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 One Hundred Thousand Dollars ($100,000.00)to improve the Building (the
Minimum Improvements). The Minimum Improvements include creating four (4) new
residential market rate units and rehabilitating the fa�ade including doors and windows.
2.2 Plans for Construction of Minimum Improvements. Plans and specifications with
respect to the development of the Property and the construction of the Minimum
Improvements thereon (the Construction Plans) shall be in conformity with Urban Renewal
Plan, this Agreement, and all applicable state and local laws and regulations, including but
not limited to any covenants, conditions, restrictions, reservations, easements, liens and
charges, recorded in the records of Dubuque County, 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
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the Minimum Improvements shall be in substantial conformity with the Construction Plans
approved by City.
2.3 Timing of Improvements. Developer hereby agrees that construction of the Minimum
Improvements on the Property shall begin by November 1, 2024, and shall be substantially
completed by December 31, 2025. The time for the performance of these obligations shall
be suspended due to unavoidable delays meaning delays, outside the control of the party
claiming its occurrence in good faith, which are the direct result of strikes, other 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.
2.4 Certificate of Completion. Promptly following the request of Developer upon
completion of the Minimum Improvements, City shall furnish Developer with an appropriate
instrument so certifying. Such certification (the Certificate of Completion) shall be in the
form attached as Exhibit I and shall be a conclusive determination of the satisfaction of
Developer's obligations to make the Minimum Improvements under this Agreement and
completion of the Minimum Improvements by Developer as required by this Agreement.
2.5 Securitv Cameras. Developer shall install security cameras on the exterior of all
buildings on the Property and register said cameras with the "Secure Dubuque Personal
Surveillance System" described at https://cityofdubuque.orq/2980/Secure-Dubuque.
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
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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 of the
increase in the assessed value of the Property above the assessed value on January 1,
2024 ($183,300). 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, 2024 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 To fund the Economic Development Grants, City shall certify to the County prior to
December 1, 2025 its request for the available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year and each year thereafter
until and including January 1, 2025, 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 certifies in December, 2025, 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 1400 Central
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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 1400 Central TIF Account to pay the
Economic Development Grants, as and to the extent set forth in Section 3.1 hereof. The
Economic Development Grants shall not be payable in any manner by other tax increments
revenues, or by general taxation or from any other City funds. City makes no representation
with respect to the amounts that may be paid to Developer as the Economic Development
Grants in any one year and under no circumstances shall City in any manner be liable to
Developer so long as City timely applies the Developer Tax Increments actually collected
and held in the 1400 Central TIF Account (regardless of the amounts thereof) to the
payment of the Economic Development Grants to Developer as and to the extent described
in this Section.
3.4 City shall be free to use any and all tax increment revenues collected in respect of
other properties within the Project Area and the remaining actual amount of the 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 3.1 hereof, for
any purpose for which such tax increment revenues may lawfully be used pursuant to the
provisions of the Urban Renewal Law, and City shall have no obligations to Developer with
respect to the use thereof.
3.5 Downtown Housinq Incentive.
(1) City agrees to provide to Developer on the terms and conditions set forth in
the Downtown Housing Incentive Program attached hereto as Exhibit F, a grant in
an amount not to exceed Forty Thousand Dollars ($40,000.00) (the Grant).
(2) Grant funds will not be disbursed to Developer until City has issued a
Certificate of Completion for the Project. The Grant shall be paid in Ten Thousand
Dollar ($10,000.00) payments for each apartment that receives a Certificate of
Completion up to a maximum of four apartments. Prior to the disbursement of any
funds, Developer shall provide evidence satisfactory to City that the Minimum
Improvements have been completed in accordance with the Plans and other
documentation submitted to City with the Downtown Housing Assistance application.
3.6 Downtown Rehabilitation Grant. City agrees to provide a matching (1:1)grant notto
exceed Thirty-Five Thousand Dollars ($35,000) to reimburse Developer for documented
costs related to the following eligible activities:
(1) Planning & Design predevelopment costs, architectural and engineering fees and
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other authorized soft costs associated with the rehabilitation of the Development
Property on the terms and conditions set forth by the State Historic Preservation
Office, as set forth in Exhibit G, and on the terms and conditions set forth in the
Design Letter attached as Exhibit H.
(2) Fa�ade documented costs that improve the overall appearance of the
Development Property, provided the Project meets the criteria of the Fa�ade Grant
Program and on the terms and conditions set forth by the State Historic Preservation
Office, as set forth in Exhibit G, and on the terms and conditions set forth in the
Design Letter attached as Exhibit H.
(3) Financial Consultant documented costs related to hiring a financial consultant to
evaluate the Project's feasibility on the terms and conditions set forth in Exhibit G.
3.7 Payment of the Grants. The Grants shall be payable as follows:
(1) Any and all portions of the Grant shall be funded solely and only from
available Program funds; and
(2) Prior to the release of any grant funds, (i) Developer shall have submitted
documentation of its eligible expenses under the corresponding eligible activity; and
(3) City shall have issued a Certificate of Completion; and
(4) The Grant funds shall be disbursed directly to Developer.
SECTION 4. NON-APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non-Appropriation.
(1) Notwithstanding anything in this Agreement to the contrary, the
obligation of City to pay any installment of the Economic Development
Grants from the pledged tax increment revenues shall be an obligation limited
to currently budgeted funds, and not a general obligation or other
indebtedness of City or a pledge of its full faith and credit within the meaning
of any constitutional or statutory debt limitation, and shall be subject in all
respects to the right of non-appropriation by the City Council of City as
provided in this Section. City may exercise its right of non-appropriation as to
the amount of the installments to be paid during any fiscal year during the
term of this Agreement without causing a termination of this Agreement. The
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right of non-appropriation shall be exercised only by resolution affirmatively
declaring City's election to non-appropriate funds otherwise required to be
paid in the next fiscal year under this Agreement.
(2) In the event the City Council of City elects to not appropriate sufficient
funds in the budget for any future fiscal year for the payment in full of the
installments on the Economic Development Grants due and payable in that
future fiscal year, then City shall have no further obligation to Employer or
Developers for the payment of any installments due in that future fiscal year
which cannot be paid with the funds then appropriated for that purpose.
4.2 The right of non-appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, so as to ensure that City's obligation to pay
future installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional orstatutory debt
limitation prior to the adoption of a budget which appropriates funds for the payment of
that installment or amount. In the event that any of the provisions of this Agreement are
determined by a court of competentjurisdiction to create, or result in the creation of,such
a legal indebtedness of City, the enforcement of the said provision shall be suspended,
and the Agreement shall at all times be construed and applied in such a manner as will
preserve the foregoing intent of the parties, and no event of default shall be deemed to
have occurred as a result thereof. If any provision of this Agreement or the application
thereof to any circumstance is so suspended, the suspension shall not affect other
provisions of this Agreement which can be given effect without the suspended provision,
and to this end the provisions of this Agreement are severable.
SECTION 5. COVENANTS OF DEVELOPER
5.1 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitation.
5.2. Operation of Propertv.
(1) Housinq Vouchers. For and in consideration of the Grant offered under this
Agreement, during the operation of the Development Property as a rental residential
property, Developer shall accept, or cause to be accepted, applications from
prospective tenants with housing vouchers issued under the U.S. HUD's Section 8
voucher program or a similar program who are otherwise qualified prospective
tenants. Developer shall not deny any tenant a lease based on a public assistance
source of income. A public assistance source of income means income and support
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derived from any tax supported federal, state or local funds, including, but not limited
to, social security, supplemental security income, temporary assistance for needy
families, family investment program, general relief, food stamps,and unemployment
compensation, housing choice voucher subsidies and similar rent subsidy programs.
This Section 5.2 shall survive the termination of this Agreement. If Developer or
Developer's successors or assigns violates the requirements of this Section 5.2 as
determined by the City Manager in the City Manager's sole discretion after the
termination of this Agreement, Developer or Developer's successors or assigns shall
not be eligible for any City financial assistance programs.
(2) Short-Term Rental. For and in consideration of the Grant offered under this
Agreement, during the operation of the Development Property as residential rental
property and during the term of this Agreement, no residential rental unit shall be
leased to any tenant for an initial term of fewer than thirty (30) days, and no portion
of the Development Property may be used for short-term rental purposes. Developer
agrees to include similar prohibitions regarding short-terms rentals in each lease
agreement for each residential rental unit of the Development Property during the
term of this Agreement. Developer further agrees to include such prohibitions in
each and every lease agreement for any residential rental unit of the Development
Property for so long as any single residential rental unit of the Development Property
remains subject to the terms and conditions of this Agreement.
5.3 Books and Records. During the term of this Agreement, Developer shall keep at all
times and make available to City upon reasonable request proper books of record and
account in which full, true and correct entries will be made of all dealings and transactions
of or in relation to the business and affairs of Developer in accordance with generally
accepted accounting principles consistently applied throughout the period involved, and
Developer shall provide reasonable protection against loss or damage to such books of
record and account.
5.4 Real Property Taxes. Developer shall pay or cause to be paid, when due, all real
property taxes and assessments payable with respect to all and any parts of the Property
unless Developer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
5.5 No Other Exemptions. During the term of this Agreement, Developer agrees not to
apply for any state or local property tax exemptions which are available with respect to the
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.
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5.6 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all times
during the process of constructing the Minimum Improvements and at its sole cost
and expense builder's risk insurance, written on a Completed Value Form in an
amount equal to one hundred percent (100%) of the Building (including Minimum
Improvements) replacement value when construction is completed, naming City as a
lender loss payable. 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), listing City as lender
loss payable. Developer shall furnish to City proof of insurance in the form of a
certificate of insurance.
(3) The term "replacement value" shall mean the actual replacement cost of the
building with Minimum Improvements (excluding foundation and excavation costs
and costs of underground flues, pipes, drains and other uninsurable items) and
equipment, and shall be reasonably determined from time to time at the request of
City, but not more frequently than once every three (3) years.
(4) Developer shall notify City immediately in the case of damage exceeding Fifty
Thousand Dollars ($50,000) in amount to, or destruction of, the Minimum
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.
Page 419 of 645
5.7 Preservation of Propertv. During the term of this Agreement, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep,the Minimum
Improvements in good repair and working order, ordinary wear and tear accepted, and from
time to time shall make all necessary repairs, replacements, renewals and additions.
5.8 Non-Discrimination. In carrying out the project, Developers shall not discriminate
against any employee or applicant for employment because of age, color, familial status,
gender identity, marital status, mental/physical disability, national origin, race,
religion/creed, sex, or sexual orientation.
5.9 Conflict of Interest. Developer agrees that no member, officer or employee of City,
or its designees or agents, nor any consultant or member of the governing body of City,
and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or her tenure, or who is in a position to
participate in a decision-making process or gain insider information with regard to the
project, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the project, or in any activity,
or benefit therefrom, which is part of this project at any time during or after such person's
tenure. In connection with this obligation, Developer shall have the right to rely upon the
representations of any party with whom it does business and shall not be obligated to
perForm any further examination into such party's background.
5.10 Non-Transferabilitv. Until such time as the Minimum Improvements are complete(as
certified by City under Section 2.5), this Agreement may not be assigned by Developer nor
may the Property be transferred by Developer to another party. Thereafter, with the prior
written consent of City, which shall not be unreasonably withheld, Developer shall have the
right to assign this Agreement, and upon assumption of the Agreement by the assignee,
Developer shall no longer be responsible for its obligations under this Agreement.
5.11 No 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 commercial property and to be taxed as such under lowa law. This
restriction shall terminate upon the termination of this Agreement. However, Developer may
apply for a reclassification of the Property in the event lowa law is modified to allow a
building containing four apartments within one building to be classified as residential for
property tax purposes.
Page 420 of 645
5.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof, for the duration of this
Agreement, that they, and their respective successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use ofthe
Property as a restaurant and upper-story housing, is in full compliance with the
Urban Renewal Plan) (however, Developer shall not have any liability to City to the
extent that a successor in interest shall breach this covenant and City shall seek
enforcement of this covenant directly against the party in breach of same); and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age or disability in the sale, lease, rental,
use or occupancy of the Property or any improvements erected or to be erected
thereon, or any part thereof (however, Developer shall not have any liability to City
to the extent that a successor in interest shall breach this covenant and City shall
seek enforcement of this covenant directly against the party in breach of same).
5.13 Compliance with Laws. Developer shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rules and regulations the failure to comply with
or the sanctions and penalties resulting therefrom, would not have a material adverse effect
on the business, property, operations, financial or otherwise, of Developer.
SECTION 6. EVENTS OF DEFAULT AND REMEDIES
6.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
(1) Failure by Developer to pay or cause to be paid, before delinquency, all real
property taxes assessed with respect to the Minimum Improvements and the
Property.
(2) Failure by Developer to cause the construction of the Minimum Improvements
to be commenced and completed pursuant to the terms, conditions and limitations of
this Agreement.
(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.
Page 421 of 645
(4) Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
6.2. Remedies on Default 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 the 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) Until issuance of the Certificate of Completion, City shall be entitled to
recover from Developer the sum of all amounts expended by City in connection with
the funding of the Downtown Rehab Loan/Grant and Economic Development Grant
to Developer and City may take any action, including any legal action it deems
necessary, to recover such amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation, agreement,
or covenant under this Agreement.
6.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impairany
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.
Page 422 of 645
6.4 No Implied Waiver. In the event any agreement contained in this Agreement should
be breached by any party and thereafter waived by any other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other
concurrent, previous or subsequent breach hereunder.
6.5 Aqreement to Pav Attornevs' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys'fees and costs of litigation from the other party. Such fees and costs of litigation
may be set by the court in the trial of such action or by the arbitrator, as the case may be,
or may be enforced in a separate action brought for that purpose. Such fees and costs of
litigation shall be in addition to any other relief that may be awarded.
6.6 Remedies on Default by City. If City defaults in the performance of this Agreement,
Developer may take any action, including legal, equitable or administrative action that may
appear necessary or desirable to collect any payments due under this Agreement, to
recover expenses of Developer, or to enforce performance and observance of any
obligation, agreement, or covenant of City under this Agreement. Developer may suspend
their performance under this Agreement until they receive assurances from City, deemed
adequate by Developer, that City will cure its default and continue its performance under
this Agreement.
SECTION 7. GENERAL TERMS AND PROVISIONS
7.1 Notices and Demands. Whenever this Agreement requires or permits any notice or
written request by one party to another, it shall be deemed to have been properly given if
and when delivered in person or three (3) business days after having been deposited in any
U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as
follows:
If to Developer: Leisha Shumacher
1400 Central, LLC
315 E 5t" Street STE 202
Waterloo, lowa 50703
With copy to: Jeff Hiatt
Clemens, Walters, Conlon, Runde, and Hiatt, LLP
2080 Southpark Court
Dubuque, IA 52003
Page 423 of 645
Phone: (563) 582-2926
If to City: City Manager
50 W. 13th Street
Dubuque, lowa 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.
7.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit
of City and Developer and their respective successors and assigns.
7.3 Force Maieure. A party shall be excused from its obligations underthisAgreement if
and to the extent and during such time as the party is prevented, impeded, or hindered,
unable to perform its obligations or is delayed in doing so due to events or conditions
outside of the party's reasonable control and after the party has taken reasonable steps to
avoid or mitigate such event or its consequences (each a "Force Majeure Event")including,
without limitation in any way, as the result of any acts of God, war, fire, or other casualty,
riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes,
pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other
government orders, failure of Internet, or other matter beyond the control of such party.
Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure
Event will promptly give notice to the other party identifying the Force Majeure Event,
explaining how it impacts performance and the estimated duration, identifying the relief
requested, agreeing to limit damages to the other party and to immediately resume
perFormance upon termination of the Force Majeure Event, and agreeing to supplementthe
notice as more information becomes available, and thereafter the parties shall meet and
confer in good faith in order to identify a cure of the condition affecting its performance as
expeditiously as possible. No obligation to make a payment required by this Agreement is
excused by a Force Majeure Event. The nonperForming party shall not be entitled to any
damages or additional payments of any kind for any such delay.
Page 424 of 645
7.4 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on December 31, 2042 (the Termination Date).
7.5 Execution by F simile. The parties agree that this Agreement may be transmitted
between them by facsimile machine. The parties intend that the faxed signatures constitute
original signatures and that a faxed Agreement containing the signatures (original or faxed)
of all the parties is binding on the parties.
7.6 Memorandum of Development Agreement. Developer shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit D in the
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.
B By. --
Brad M. Ca gh, Mayor Leisha Shumacher, Organizer
Attest:
Adrienne N. Breitfelder, City Clerk
LIST OF EXHIBITS
EXHIBIT A City Attorney's Certificate
EXHIBIT B Opinion of Developer's Counsel
EXHIBIT C City Certificate
EXHIBIT D Memorandum of Development Agreement
EXHIBIT E Urban Renewal Plan
EXHIBIT F Downtown Housing Incentive Program
EXHIBIT G Planning and Design Grant Program, Fa�ade Grant Program, and
Financial Consultant Grant Program
EXHIBIT H Design Letter
EXHIBIT I Certificate of Completion
Page 426 of 645
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
Page 427 of 645
Barry A.Lindahl,Esq.
Senior Counsel Dubuque
THE CITY OF �
Suite 330,Harbor View Place NI•A�eria Cil�
300 Main Street ��L L �.�'.�,n�� � �
Dubuque,Iowa 52001-6944 I I
(563)583-4113 office
(563)583-1040 fax 2007•2012•2013
Masterpiece on the Mississippi zoi�•zoi9
balesq�c�cityofdubuque.org
(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 1400 Central, 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.
City Attorney
BAL:JLM
Page 428 of 645
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
Page 429 of 645
Mayor and City Councilmembers
City Hall
13t" and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, lowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for 1400 Central, LLC, 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
opinions set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries as
we have deemed appropriate, we are of the opinion that:
1. Developer is a limited liability company organized and existing underthe laws
of the State of lowa and has full power and authority to execute, deliver and perform in full
the Development Agreement. The Development Agreement has been duly and validly
authorized, executed and delivered by Developer and, assuming due authorization,
execution and delivery by City, is in full force and effect and is a valid and legally binding
instrument of Developer enforceable in accordance with its terms, except as the same may
be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting
creditors' rights generally.
2. To our actual knowledge with no duty to inquire, the execution, delivery and
perFormance by Developer of the Development Agreement and the carrying out of the
terms thereof, will not result in violation of any provision of, or in default under, the articles
of incorporation and bylaws of Developer, any indenture, mortgage, deed of trust,
indebtedness, agreement,judgment, decree, order, statute, rule, regulation or restriction to
which Developer is a party or by which Developer's property is bound or subject.
3. To our actual knowledge with no duty to inquire, there are no actions, suits or
Page 430 of 645
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.
This opinion is rendered for the sole benefit of the City of Dubuque and no other party may
rely on this opinion.
This opinion is rendered and valid as of the date of this letter and we have no duty to
update this opinion for any matters which come to our knowledge after the date of this
letter.
Sincerely,
Page 431 of 645
EXHIBIT C
CITY CERTIFICATE
Page 432 of 645
Dubuque City Manager's Office
� City Hall
THE CITY OF 5o west 13th street
All•An�eriq Ciqi Dubuque,Iowa 52001-4864
\:�I M n.�l�n k.I i,4:.
U� r 1 I I ' (563)589-4110 office
L (563)589-4149fax
� ctymgr@cityofdubuque.org
2007•2012+2013
Masterpiece on the Mississippi 2oi�*zoi9
(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
1400 Central, 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 B.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
Page 433 of 645
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 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:JLM
Page 434 of 645
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
Page 435 of 645
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 1400 Central, LLC was made regarding the following
described premises:
The Westerly 65 feet of the Southerly 31 feet 7 '/2 inches of Lot 443 in the City of
Dubuque, lowa, according to the United States Commissioners' Map of the Town
of Dubuque, lowa.
The Development Agreement is dated for reference purposes the day of
, 20_, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the terms
and provisions of the Development Agreement shall prevail. A complete counterpart of the
Development Agreement, together with any amendments thereto, is in the possession of
the City of Dubuque and may be examined at its offices as above provided.
Dated this day of , 20_
CITY OF DUBUQUE, IOWA
By
Barry A. Lindahl, Senior Counsel
Page 436 of 645
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of , 20_, before me, a Notary Public in and for the State of
lowa, in and for said county, personally appeared Barry A. Lindahl, Esq., to me personally
known, who being by me duly sworn did say that he is the Senior Counsel of the City of
Dubuque, a Municipal Corporation, created and existing under the laws of the State of
lowa, 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
Page 437 of 645
EXHIBIT E
URBAN RENEWAL PLAN
(on file in City Clerk's office, 50 W. 13th Street, Dubuque, IA 52001)
Page 438 of 645
EXHIBIT F
DOWNTOWN HOUSING INCENTIVE PROGRAM
Page 439 of 645
DUbUqUe Economic Development Department
THE CITY OF
� 50 West 13t"Street
uF���� Dubuque,Iowa 52001-4864
x w�.�nr�i r,v a.
U� � � � �� Office(563)589-4393
� � TTY(563)690-6678
2007•2o1z http://www.cityofdubuque.org
Masterpiece on the Mississippi Zo13.Zo1,
DOWNTOWN HOUSING INCENTIVE PROGRAM
Projects eligible to receive assistance from this established pool of funds must
meet the following requirements:
• The project must assist in the creation of new market-rate downtown rental and/or owner-
occupied residential units within the Greater powntown Urban Renewal District (see
attached map) and have timely commencement&completion dates identified.
• The project must be the rehabilitation of an existing structure.
• Within the Washington Neighborhood, rental units must be located above a commercial
component on the first floor of the building unless the project is rehabilitating or reusing a
former church or school building.
• Exterior alterations are subject to design review and approval. The Historic District Guidelines
shall apply to projects located in Historic Preservation District. The Downtown Design
Guidelines shall apply to all other project locations. Projects which conform to the applicable
guidelines may be reviewed and approved by the City Planner. Projects that do not strictly
conform to the applicable guidelines will be forwarded to the Historic Preservation Commission
(HPC)for consideration. New construction or substantial rehabilitation projects may also be
considered by the HPC. The process for review is at the discretion of the City Planner.
Guidelines can be viewed and downloaded at http://cityofdubuque.orq/1295/Desiqn-Guidelines.
• Any signs on the property that do not comply with City zoning regulations and design
guidelines must be included in the design review and improved to comply with applicable City
Codes. Submittal must include the design materials and colors that will be used on the sign
face, how the sign will be displayed, and any lighting proposed.
• A detailed rendering/drawing of the proposed project must be included. The plans should
include dimensions and architectural details and label materials. Plans prepared by a design
professional (e.g. architect or draftsperson) are strongly recommended. Applications without
detailed drawings will not be considered complete and will not be accepted by the City.
• Deviation from an approved project plan may disqualify the project from the program.
• City funded projects may be required to meet sound proofing, lighting, security, or other
standards—as determined by the City of Dubuque following an internal neighborhood impact
study— particularly when units are located in mixed-use neighborhoods.
Page 440 of 645
• Preference will be given to projects that also utilize Federal and/or State Historic Tax
Credits.
• No more than $10,000 in assistance will be considered per residential unit.
• In general, no more than $750,000 will be provided to a single project.
• No developer fee will be permitted until all city assistance is paid or satisfied in full.
• The City will disburse committed funds after the project is complete and a Certificate of
Occupancy has been provided for the housing units.
• A minimum of 2 new housing units must be created in the project.
• No residential units will be allowed to have a restriction of less than 80% of the median
income.
• No more than 65% of the units of any project can have a restriction of 80%of the
median income.
• A project that is funded by Low Income Tax Credits (LITC) is noteligible.
• Owner of property must certify that all property in the City of Dubuque, for which the owner has
any interest, complies with all applicable City of Dubuque ordinances and regulations,
including, but not limited to, housing, building, zoning, fire, health, and vacant and abandoned
building regulations.
• Applications will be reviewed monthly by the Review Committee, consisting of at least one
representative from the City's Economic Development, Planning, and Building Services
Departments. The Review Committee will score each application and will fund projects that
meet the program criteria and are ready to commence within three months.
Page 441 of 645
EXHIBIT G
DOWNTOWN REHABILITATION GRANT PROGRAM
35
Page 442 of 645
Downtown Rehabilitation Grant Program
PROGRAM GUIDELINES
(2024�
The Downtown Rehabilitation Grant Program is designed to further the goals and
objectives of the Greater powntown Urban Renewal Plan by creating the financial
incentives needed to eliminate conditions of blight, encourage revitalization efforts and
to retain or create employment opportunities and/or new housing units within the district.
This program will address building code deficiencies as part of each approved project.
Eligible Applicants: Owners of property within the Greater powntown Urban Renewal
District (map attached).
Grant Award: The grant is a 1:1 matching grant up to a maximum of Thirty-Five
Thousand Dollars ($35,000).
Eligible Activities
and Assistance: FaCade Costs —to provide assistance on labor or material costs
for front (or occasionally other major) fa�ade renovations to
restore a building's historic appearance or eliminate inappropriate
additions or alterations to improve overall appearance.
Financial Consultant Costs —to provide assistance on hiring a
financial consultant used to analyze the feasibility of a project.
Planning & Design Grant Program — to provide assistance on
pre-development costs associated with a project.
FOR MORE INFORMATION, please contact:
City of Dubuque Economic Development Department
50 West 13th Street, Dubuque, lowa 52001
(563) 589-4393
36
Page 443 of 645
General Conditions:
• Property must be located in Greater powntown Urban Renewal District (see attached
map) and with timely commencement & completion dates identified.
• Projects must be the rehabilitation of an existing structure.
• Property must be classified for tax purposes as a commercial or multi-residential
property.
• All existing code deficiencies within a scope of a project must be corrected and new
improvements must comply with all applicable codes and ordinances.
• Owner of property must certify that all property in the City of Dubuque, for which the
owner has any interest, complies with all applicable City of Dubuque ordinances and
regulations, including, but not limited to, housing, building, zoning, fire, health, and
vacant and abandoned building regulations.
• Exterior alterations are subject to design review and approval. The Historic District
Guidelines shall apply to projects located in Historic Preservation Districts. The
Downtown Design Guidelines shall apply to all other project locations. Projects which
conform to the applicable guidelines may be reviewed and approved by the City
Planner. Projects that do not strictly conform to the applicable guidelines will be
forwarded to the Historic Preservation Commission (HPC)for consideration. Substantial
rehabilitation projects may also be considered by the HPC. The process for review is at
the discretion of the City Planner. Guidelines can be viewed and downloaded at
http://cityofdubuque.org/1295/Desiqn-Guidelines.
• Any signs on the property that do not comply with City zoning regulations and design
guidelines must be included in the design review and improved to comply with
applicable City Codes. Submittal must include the design materials and colors that will
be used on the sign face, how the sign will be displayed, and any lighting proposed.
• A detailed rendering/drawing of the proposed project must be included. The plans
should include dimensions and architectural details and label materials. Plans prepared
by a design professional (e.g. architect or draftsperson) are required. Applications
without detailed drawings will not be considered complete. Only preliminary eligibility
may be determined until professional drawings are submitted.
• Applicant will not be reimbursed for personal labor costs or labor costs of family
members, nor can these costs be counted in the total project costs.
• Projects may not receive the maximum amount of each form of assistance more than
once.
• Deviation from an approved project plan shall disqualify the project from the program.
• City funded projects may be required to meet sound proofing, lighting, security, or other
standards — as determined by the City of Dubuque, in its sole discretion, following an
internal neighborhood impact study — particularly when units are located in mixed-use
neighborhoods.
• Applications will be reviewed quarterly by the Economic Development and Planning
department with funda awarded to projects that meet the program criteria and are ready
to commence within three months.
37
Page 444 of 645
FA�ADE INFORMATION
This program provides funding in the Greater powntown Urban Renewal District for front
(or occasionally other major) fa�ade renovation to restore the fa�ade to its historic
appearance or improve the overall appearance. This assistance is intended to address
historically inappropriate exteriors. It is not intended to address normal building
maintenance.
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 significantly transform 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.
• Funding will be disbursed upon completion of work at a 1:1 match 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.
38
Page 445 of 645
FINANCIAL CONSULTANT INFORMATION
This program provides funding in the Greater powntown Urban Renewal Districtfor hiring a
financial consultant to analyze the feasibility of projects.
Specific Conditions:
• Reimbursement is for fees associated with hiring a professional financial
consultant (i.e. accountant, attorney, tax credit consultant)
• Reimbursable expenditures must be documented.
• This financial consultant funding shall not exceed ten percent (10%) of total
project costs.
• The rehabilitation project must be completed for the Financial Consultant costs
to be reimbursed.
• Funding will be disbursed upon completion of work at a 1:1 match 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.
39
Page 446 of 645
PLANNING & DESIGN INFORMATION
This program provides funding in the Greater powntown Urban Renewal District for hiring
architects, engineers or other professional services used prior to construction.
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 planning and design funding shall not exceed ten percent (10%) of total
project costs.
• Funding will be disbursed upon completion of the project at a 1:1 match 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.
40
Page 447 of 645
EXHIBIT H
DESIGN LETTER
41
Page 448 of 645
�ubuque Planning Services Department
THE CITY OF � City Hall - 50 West 13th Street
u�;�"°"C°� Dubuque, IA 52001-4845
DT TR � � I ' � (563) 589_4210 phone
LJ L I I I (563) 589 4221 fax
zoo�•zoiz•zoi3 (563) 690-6678 TDD
Masterpiece on the Mississippi 2017+►2019 planninq(c�cityofdubuque.orq
MEMORANDUM
TO: Jill Connors, Economic Development Director
FROM: Chris Happ Olson, Assistant Planner C�Yv
SUBJECT: Fa�ade Grant : 1400 Central Ave.; Applicant Leisha Schumacher
DATE: November 1, 2024
Introduction
This memorandum forwards the requested design review for work funded with a Fa�ade
Grant for the property located at 1400 Central Avenue.
Backqround
The City of Dubuque Architectural Guidelines, the Secretary of the Interior Standards for
Rehabilitation and applicable Technical Preservation Services Preservation Briefs
published by the National Park Service (NPS) apply to this project. The collection can
be found at the NPS website.
Discussion
The scope of work depicted and described in the drawings, application, and subsequent
answers to questions during review meet the Architectural Guidelines and the project is
recommended for approval as submitted and conditioned.
See attached plans for the site:
• Newly revealed storefront window system (mid-20t" century) as installed and
photographed, is approved following the painting outlined in the submitted
materials in Attachment C Visual
• Reveal and restoration of existing transom window section of storefront, working
with Planning staff on finishing details
• New Anderson Renewal windows for residential, approved as replaced, adding
new transom windows at second floor and revealing tympanums over 3rd floor
windows on the Central Ave facade
• New rear egress system, as installed and photographed
• Preparation of corner entrance for potential tenant signage, as photographed in
the attached materials from the owner
Page 449 of 645
• Following masonry repair, any touch up done to the cornice shall be done
minimally in order to help blend the feature in, rather than requiring a full heavy
painting of the brick in order to provide a more visually consistent look and further
protect that masonry
• Any masonry work follow the recommendations in NPS Preservation Brief#2
It is exciting to see this project's plan to contribute to the Central Avenue Corridor.
Please note that all work completed must have relevant permitting and permission,
working with the Inspection and Construction Services Division (formerly Building
Department) and Engineering Department as necessary.
Requirements
The project, if done in accordance with the described scope of work and drawings will
meet the applicable guidelines and standards and is recommended for approval in
terms of design review. Any deviation from the approved scope of work must be
reviewed and approved by the Economic Development and Planning Services
Departments prior to initiation. It is the property owner's responsibility to read and
understand the terms of approval as well as ensure compliance with the project
requirements. It is the property owner's responsibility to obtain the necessary
building permits prior to starting work. It is the property owner's responsibility to
ensure all contractors understand and properly execute all expectation of the
project. Failure to comply with the approved scope of work will result in forfeiture
of all funding.
ENCLOSURES: Application
Approved drawings
Supplemental information provided by owner
CC: Mike Belmont, Building Official
Jeff Zasada, Inspector
2
Page 450 of 645
Christine Happ Olson
From: EconDev
Sent: Thursday, October 3, 2024 2:11 PM
To: Christine Happ Olson
Cc: lan Hatch
Subject: FW: Online Form Submittal: Facade Grant Applications
Follow Up Flag: Follow up
Flag Status: Flagged
Chris, here's the application from 1400 Central.
lan, can you follow up on this, please?
Jill M Connors (sneineriners)
-rHE cmr or Economic Development Director
DT T� � O: 563.589.4213 � C: 563.564.5686
u City Hall Annex � 1300 Main St., Dubuque, IA,
Masterpiece on the Mississippi 52001
:���.X_.-'J.�
From: EconDev<econdev@cityofdubuque.org>
Sent: Friday, September 20, 2024 9:08 AM
To:Jill Connors<Jilconno@cityofdubuque.org>; lan Hatch <Ihatch@cityofdubuque.org>
Subject: FW: Online Form Submittal: Facade Grant Applications
From: noreply@civicplus.com <noreply@civicplus.com>
Sent:Thursday, September 19, 2024 8:50 PM
To: EconDev<econdev@cityofdubuque.or�>
Subject: Online Form Submittal: Facade Grant Applications
� �
IThis sender is trusted.
Facade Grant Applications
APPLICANT INFORMATION
Applicant: 1400 Central LLC
Te le p h o n e: 563-293-3609
E-ma i l Add ress: 1400.central.ave(c�gmail.com
1
Page 451 of 645
Applicant Mailing 11339 Robin Hood Drive
Address
Applicant Mailing Field not completed.
Address
City Dubuque
State lowa
Zip 52001
(Section Break)
PROJECT INFORMATION
Address of Project 1400 Central Ave.
Address of Project Field not completed.
City Dubuque
State lowa
Zip 52001
Building Owner: 1400 Central LLC.
Which assistance Fa�ade Grant Program
program(s) is this
project seeking?
Has applicant Yes
discussed details of this
project with the City of
Dubuque Planning
Department and been
made aware of the
City's design review
guidelines?
If yes,with whom? Chris Olson
Construction schedule This project started on 9/2/2024. We anticipate completion
of project 11/30/2024.
(commencement and
completion):
z
Page 452 of 645
A. Current Physical The building is a three story brick building that is the corner
Condition of Building: stone of Central Ave and 14th Street/Loras Boulevard. There
is a commercial space on the main floor.
The building was in poor condition, in need of much deferred
maintenance. The deteriorating front covering of the facade
has been removed at the request of Chris Olson to explore
historic architectural features that may remain below. The
entire building was in need of spot pointing or repointing. All of
the windows need to be replaced. Roof in need of replacement.
Rear deck in need of replacement. Second and third level units
are not in occupiable condition.
B. Proposed The entire scope of renovations include improvements to both
Modification of Building the interior of the residential units and the commercial fa�ade.
(written): Internal updates to the residential units will be made to allow
occupancy and create comfortable living spaces. The back
deck will be replaced and all residential windows will be
replaced. Improvements to the exterior include necessary
updates and visual improvements.
The following are the improvements that will be made to the
fa�ade. The visible exterior of the building will be gently power
washed and spot pointed or repointed at the discretion of our
mason. Any brick previously painted white will be spot painted.
The commercial fa�ade will be restored adding a two panel
historic design below the existing storefront glass (see drawing
attached). Surfaces not including stone, concrete, or brick
below the Beanies Cafe sign will be painted. Exposed portions
only (section below beanies sign)of the cast iron posts will be
stripped of existing paint and repainted. Stone at the base of
storefront will have paint stripped. The transition between the
Beanies Cafe sign and store front will be wrapped in metal.
The metal coverings on the second floor will be replaced with a
sunburst or similar patterned tympanum. It is still undetermined
if second floor will have arched windows. Quotes and actual
dimensions are still being determined and need to be
discussed prior to any purchase. If suitable windows cannot be
sourced, a similar tympanum to those added on the third floor
will be added. Rectangular residential windows will be replaced
with white Fibrex Anderson 100 Series windows. Any PVC or
fiber cement products would be hand painted.
3
Page 453 of 645
C. Proposed Attachment C Visual 20240918.pdf
Modification of Building
(visual):
D. Impact Statement: 1400 Central, LLC is planning a significant renovation to the
How will the project cornerstone building located at 1400 Central Avenue, Dubuque
further the revitalization IA, 52001. This renovation includes necessary changes to
of downtown? allow occupancy of the four residential units and brings back
historic features on the commercial level. We aim to bring
modern comforts to the residential units and increase the visual
aspects of the fa�ade. The entire renovation is a large
undertaking and will be a substantial investment.
1400 Central, LLC aspires to bring this building back to life and
have it be a true asset to the Central Corridor. The support of
the Fa�ade grant will allow us to bring life back to this
cornerstone building and increase housing options in the
downtown area.
Number of current 0
housing units on
property:
Number of new housing 4
units created from
project:
Number ofjobs 2
currently in building:
Number of jobs created 0
after project completed:
Square footage of 1845
storefront space
rehabbed:
Rent rate being offered 700, 1845 square feet for 1 year
in rehabbed storefront:
��^^.tinn R�^^���
E. Building Ownership Attachment E Proof of ownership 20240918.pdf
F. Building Ownership Yes
(organization)
4
Page 454 of 645
Proof of organization Attachment F Approval of 1400 Central 20240919.pdf
approval:
(5ection Break)
G. Applicant Ownership Yes
Interests (other
properties):
If yes, please list The applicant, 1400 Central, LLC, does not have any
addresses: ownership interest in other properties. Members of 1400
Central, LLC have ownership interest in:
1364 Jackson St.
1420 Central Ave.
3447/3467, 3477/3497 Hillcrest
2217, 223 Woodland
2965 Wildwood
1555 Austin
Do the above properties Yes
comply with all
applicable City of
Dubuque ordiances and
regulations?
H. Property Signange Yes
If the above answer is N/A
"No" OR the applicant is
proposing new signs,
please describe the
design materials and
colors that will be used
on the sign face, how
the sign will be
displayed, and any
lighting proposed.
I. Leverage Sources: No
If yes,with whom? Field not completed.
Please list other This project is funded through a construction loan with DuTrac.
sources of funding and We have applied for the SWAP grant offered by Dubuque Main
5
Page 455 of 645
financing for this Street to assist with window replacement not located on the
project, and whether the front fa�ade. The funding for the SWAP grant has not been
sources are already secured/approved as of 9/18/2024. We will also seeking
secured: funding from the Downtown housing incentive program. This
has not been submitted or secured.
J. Bids Attachment J Bids 20240918.pdf
K. Certificate of Attachment K Proof of Insurance 20240918.pdf
Insurance
Please complete the applicable sections below for the program(s) you are applying
your project for. For the program(s) you are NOT applying for, please list "N/A".
NOTE: Grant Funds will be disbursed upon completion of work, documentation of
costs and an inspection of completed project at a rate of$.50 for each $1.00 of
costs incurred, up to maximum amount of grant committed. Written requests for
payment must be submitted to the Economic Development Department. **Paid
invoices and/or cancelled checks will be required to confirm expenditures.
FACADE GRANT
What are the estimated 49,450
costs for fa�ade
improvements?
How much assistance is 10000
the project requesting?
What is the August 01-Nov 30
construction schedule
for fa�ade
improvements?
Willthe project include Yes
repointing or tuck
pointing?
FINANCIAL CONSULTANT GRANT
6
Page 456 of 645
What are the estimated N/A
costs for financial
consultant services?
How much assistance is N/A
the project requesting?
PLANNING AND DESIGN GRANT
What are the estimated N/A
costs for financial
consultant services?
How much assistance is N/A
the project requesting?
Email not displaying correctly?View it in your browser.
7
Page 457 of 645
ATTAC H M E NT C
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Page 460 of 645
Details for Below Commercial Windows
Materials
• %z" OSB sheathing
• Water proof inembrane
• %z" fiber cement or Tru (or similar) architectural panel
• 1" (%"actual) PVC Trim
• %" Quarter round or other simple trim
• Total added layers=1 %"
Two Panel Design
• Please reference pages 4 for drawings
• Creates two rectangular panels under the store front windows
• Leaves current stills in their current location
• Moves the framing for the upper section back�1 %z"
• Overall fa�ade will be approximately 2%" recessed according to the middle window
• Depth of upper panel and lower panel will be as similar as possible
Window Sill
• The current wood visible below the window is the frame and not the sill. A sill will be added
• A%z" solid trim piece will be added to the face of the frame
• A 1" sill will be added to the top of the frame
o Sill will be pitched to allow water run off
o An overhang of approximately%z" will be added to allow for a drip edge
Page 4 of 4
Page 461 of 645
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Page 462 of 645
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Page 463 of 645
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Page 466 of 645
EXHIBIT I
CERTIFICATE OF COMPLETION
42
Page 467 of 645
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, lowa, a municipal corporation (the"Grantor"), has
granted incentives to 1400 Central, LLC (the"Grantee"), in accordance with a Development
Agreement dated as of [Date] (the "Agreement"), by and among the Grantor, and the
Grantee (collectively, the "Agreement"), certain real property located within the Greater
Downtown Urban Renewal District of the Grantor and as more particularly described as
follows:
The Westerly 65 feet of the Southerly 31 feet 7 '/z inches of Lot 443 in the City of
Dubuque, lowa, according to the United States Commissioners' Map of the Town of
Dubuque, lowa.
(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 2.4 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
43
Page 468 of 645
to record the filing of this instrument, to be a conclusive determination of the satisfaction of
the covenants and conditions as set forth in said Agreement, and that the Agreement shall
otherwise remain in full force and effect.
(SEAL) CITY OF DUBUQUE, IOWA
By:
Mike Van Milligen, City Manager
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of , 20_, 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
44
Page 469 of 645
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. 13"' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 393-24
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND 1400 CENTRAL, LLC, INCLUDING THE PROPOSED
ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS
WHEREAS, 1400 Central, LLC is the owner of the property legally described as
follows:
The Westerly 65 feet of the Southerly 31 feet 7 '/2 inches of Lot 443 in the City of
Dubuque, Iowa, according to the United States Commissioners' Map of the Town
of Dubuque, Iowa.
(the Property); and
WHEREAS, the City Council, by Resolution No. 377-24, dated November 18, 2024
declared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa, and 1400 Central, LLC, including the issuance of Urban Renewal Tax
Increment Obligations; and
WHEREAS, pursuant to published notice, a public hearing was held on the
proposed Development Agreement on December 2, 2024 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 1400 Central, 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. The Development Agreement by and between the City of Dubuque,
Iowa, and 1400 Central, LLC, a copy of which is attached hereto, including the issuance
of Urban Renewal Tax Increment Revenue Obligations, 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 2nd day of December, 2024.
.i"Iagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011305910002 Type: GEN
Kind: AGREEMENT
Recorded: 12/27/2024 at 01:01:49 PM
Fee Amt: $12.00 Page i of 2
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00012458
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 1400 Central, LLC was made regarding the following
described premises:
The Westerly 65 feet of the Southerly 31 feet 7'/2 inches of Lot 443 in the City of Dubuque,
Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa.
The Development Agreement is dated for reference purposes the 2nd of December,
2024, 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, togetherwith any amendments thereto, is in the possession
of the City of Dubuque and may be examined at its offices as above provided.
Dated this �'JW\ day of 2024.
CITY OF DUBU(, M, IOWA
in
Ir
Barry A. xindahl, Esq., Senior Counsel
1200
0 DBGt City Clerk
STATE OF IOWA
: ss:
DUBUQUE COUNTY
On this ki+h 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.
i JONI LYN NEDINGEA
s Commission Number 832198
-40—firy Public, State of 16wa MyCommisslon Expires
rows
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:
11/22/2024
and for which the charge is 43.32
Z?Z7ty -
Subscribed to be ore me, a Notary ublic in and for
Dubuque County, Iowa,
this 22nd day of November, 2024
Notary
tic in and for Dubuque County, Iowa.
4,AL JANET K. PAPE
oP y Commission Number 199659
My Commission Expires
pow^ 12/11 /2025
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 2nd day of December,
2024, 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 1400 Central,
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 1400 Central, 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 $60,000.
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 City Council agenda
will be posted the Friday before the meeting and will contain
public input options. The 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.
Written comments on the public hearing may be submitted to
the City Clerk's Office by email at ctyclerk@cityofdubuque.org
or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001,
before the scheduled hearing. The City Council will review all
written comments at the time of the hearing.
Documents related to the public hearing 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 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 18th day
of November 2024.
Adrienne N. Breitfelder, CMC, City Clerk
1t 11/22