Setting a Public Hearing on a Proposed Development Agreement with Dubuque and Jackson County Habitat for HumanityCity of Dubuque
City Council
Copyrighted
December 16, 2024
ITEMS SET FOR PUBLIC HEARING # 1.
ITEM TITLE: Resolution Setting a Public Hearing on a Proposed
Development Agreement with Dubuque and Jackson County
Habitat for Humanity
SUMMARY: City Manager recommending City Council adopt the attached
resolution setting a public hearing for January 6, 2025, on the
proposed Development Agreement by and between the City
of Dubuque, Iowa and Dubuque and Jackson County Habitat
for Humanity.
RESOLUTION Fixing The Date For A Public Hearing Of The
City Council Of The City Of Dubuque, Iowa On A
Development Agreement By And Between The City Of
Dubuque, Iowa And Dubuque And Jackson County Habitat
For Humanity, Including The Proposed Issuance Of Urban
Renewal Tax Increment Revenue Grant Obligations Relating
Thereto And Providing For The Publication Of Notice Thereof
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: January 6, 2025
ATTACHMENTS:
1. MVM Memo
2. Staff Memo
3. Development Agreement
4. Notice of Hearing
5. Resolution
Page 294 of 1050
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution Setting a Public Hearing on a Proposed Development
Agreement with Dubuque and Jackson County Habitat for Humanity
DATE: December 11, 2024
Economic Development Director Jill Connors is recommending City Council adopt the
attached resolution setting a public hearing for January 6, 2025, on the proposed
Development Agreement by and between the City of Dubuque, Iowa and Dubuque and
Jackson County Habitat for Humanity.
The Developer is proposing to create 14 single family homes adjacent to Mount
Pleasant Home. The project is located within the Mount Pleasant Place Urban Renewal
Area which has been designated by City Council Resolution No. 250-24 as an economic
development area. The Developer has indicated the project will be conducted in phases
with Phase I representing the creating of six low- and moderate -income housing units.
Overall, the project represents a unique opportunity to create affordable, single-family
homes within the City of Dubuque.
Key elements of the Development Agreement are as follows:
1. Developer to create 14 single family homes, two detached garage structures, 15
covered parking spaces, and 18 surface parking spaces by December 31, 2028.
2. City to award 15 years of tax increment financing incentives in the form of semi-
annual rebates. The tax increment rebates are not anticipated to exceed
$500,000.
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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
S4.zn'-
Mic ael C. Van Milligen
Page 295 of 1050
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Page 296 of 1050
Dubuque Economic Development
Department
THE CITY OF 1300 (wain street
All•Ameria10V Dubuque, Iowa 52001-4763
UB E I k"I""`"I""q Office (563) 589-4393
1 I I TTY (563) 690-6678
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2007-2012*2013
Masterpiece on the Mississippi 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Resolution Setting a Public Hearing on a Proposed Development
Agreement with Dubuque and Jackson County Habitat for Humanity
DATE: December 10, 2024
INTRODUCTION
This memorandum presents for City Council review and approval a resolution setting a
public hearing on a proposed Development Agreement by and between the City of
Dubuque, Iowa and Dubuque and Jackson County Habitat for Humanity.
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Dubuque and Jackson County Habitat for Humanity (Developer) is a 501(c)(3) non-profit
organization that works to provide affordable housing solutions in Dubuque and Jackson
Counties. Since founding in 1991, the Developer has built 23 homes to help families
working to improve their living situations. The Developer is committed to building,
rehabilitating, and maintaining safe and affordable homes.
DISCUSSION
The Developer is proposing to create 14 single family homes adjacent to Mount Pleasant
Home. The project is located within the Mount Pleasant Place Urban Renewal Area which
has been designated by City Council Resolution No. 250-24 as an economic development
area. The Developer has indicated the project will be conducted in phases with Phase
representing the creating of six low- and moderate -income housing units. Overall, the
project represents a unique opportunity to create affordable, single-family homes within the
City of Dubuque.
Key elements of the Development Agreement are as follows:
Page 297 of 1050
1. Developer to create 14 single family homes, two detached garage structures, 15
covered parking spaces, and 18 surface parking spaces by December 31, 2028.
2. City to award 15 years of tax increment financing incentives in the form of semi-
annual rebates. The tax increment rebates are not anticipated to exceed $500,000.
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 adopting the attached resolution setting a public hearing for January 6, 2025
on the proposed Development Agreement by and between the City of Dubuque, Iowa and
Dubuque and Jackson County Habitat for Humanity.
F,
Page 298 of 1050
AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE AND JACKSON COUNTY HABITAT FOR HUMANITY
This Agreement, dated for reference purposes the day of
, 2024, by and between the City of Dubuque, Iowa, a municipality
(City), established pursuant to Iowa Code and acting under authorization of Iowa Code
Chapter 489, as amended (Urban Renewal Act), and Dubuque and Jackson County
Habitat for Humanity, an Iowa Nonprofit Corporation with its principal place of business
in Dubuque, Iowa (Developer).
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has
undertaken an urban renewal project to advance the community's ongoing economic
development efforts; and
WHEREAS, Developer is the owner of the following described real property:
Lot 2 of Mount Pleasant Place, Lots 55, 56, 57, and 58 in Rosedale Addition, and, Lots 8,
9, 10, and 11 of the Subdivision of Lot 3 of the Subdivision of Mineral Lot No. 178, all in
the City of Dubuque, Iowa, according to the respective recorded Plats thereof
(the Property)
; and
WHEREAS, the Developer plans a development of single-family homes
designated for low and moderate income families as defined by Iowa Code Section
403.17(12) and needed public infrastructure on lots all of which are owned by Developer
as of the date of this Agreement (the Project) which is located in the Project Area, and
thereafter to cause the same to be operated in accordance with this Agreement; and
WHEREAS, the Project is located within the Mount Pleasant Place Housing Urban
Renewal Area (the Project Area); and
WHEREAS, as of the date of this Agreement an urban renewal plan for the Project
Area consisting of the Urban Renewal Plan for the Mount Pleasant Place Housing Urban
Renewal Area, was approved by the City Council of City on the 5th day of August 2024,
(the Urban Renewal Plan); and
WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of this
Agreement, attached hereto as Exhibit A, is on file with the Clerk for the City; and
WHEREAS, the City intends to assist the Project through economic development
grants; and
12052024ba1
Page 299 of 1050
WHEREAS, City believes that the Project and the development of the Property
pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital
and best interests of City and in accord with the public purposes and provisions of the
applicable federal, state, and local laws and the requirements under which the Project
has been undertaken and is being assisted.
NOW THEREFORE, in consideration of the promises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows..
SECTION 1. REPRESENTATIONS AND WARRANTIES.
1.1 Representations and Warranties of City. In order to induce Developer to enter into
this Agreement, City hereby represents and warrants to Developer that to the best of
City's knowledge:
(1) City has duly obtained all necessary approvals and consents for its
execution, delivery, and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this Agreement.
City's attorney shall issue a legal opinion to Developer at time of closing confirming
the representation contained herein, in the form attached hereto as Exhibit E.
(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) 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
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such representations and warranties had been made on and as of the Closing
Date.
1.2 Representations and Warranties of Developer. Developer makes the following
representations and warranties:
(1) Developer is duly organized and validly existing or authorized under the
laws of the State of Iowa and have all requisite power and authority to own and
operate their properties, to carry on their respective business as now conducted
and as presently proposed to be conducted, and to enter into and perform their
obligations under the 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 the
City, at time of closing, confirming the representations contained herein, in the form
attached hereto as Exhibit C.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
articles of incorporation or the bylaws of Developer or any contractual restriction,
evidence of indebtedness, agreement or instrument of whatever nature to which
Developer is now a party or by which it or its property is bound, or constitute a
default under any of the foregoing.
(4) There are no actions, suits or proceedings pending or threatened against or
affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business, financial position or
result of operations of Developer or which affects the validity of the Agreement or
Developer's ability to perform its obligations under this Agreement.
(5) Developer will perform its obligations under this Agreement in accordance
with the material terms of this Agreement, the Urban Renewal Plan and all local,
state, and federal laws and regulations.
(6) Developer will use good faith 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.
Page 301 of 1050
(7) Developer has commitments for permanent financing for the Development
Project and all of their respective obligations under this Agreement in an amount
sufficient, together with equity commitments, to successfully complete the
requirements of this Agreement and shall provide evidence thereof to City prior to
the Closing Date.
1.3 Conditions to Closing. The closing of the transaction (the Closing) 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 in the form of Exhibit D.
(2) Developer has obtained any and all necessary governmental approvals,
including without limitations approval of zoning, subdivision, or platting which might
be necessary or desirable in connection with the development of the Property. Any
conditions imposed as a part of the zoning, platting or subdivision must be
satisfactory to Developer, in its sole opinion. City shall cooperate with Developer
in attempting to obtain any such approvals and shall execute any documents
necessary for this purpose, provided that City shall bear no expense in connection
therewith. In connection therewith, City agrees (a) to review all of Developer's
plans and specifications for the Project and to either reject or approve the same in
a prompt and timely fashion; (b) to issue a written notification to Developer,
following City's approval of same, indicating that City has approved such plans and
specifications, and that the same are in compliance with the Urban Renewal Plan
and Developer agrees to comply with any amendments to the Urban Renewal
Plan, this Agreement and any other applicable City or affiliated agency
requirements, with the understanding that Developer and its lenders shall have the
right to rely upon the same in proceeding with the project; (c) to identify in writing
within ten (10) working days of submission of said plans and specifications, any
and all permits, approvals and consents that are legally required, and the
construction, use and occupancy of the Project with the intent and understanding
that Developer and its lenders and attorneys will rely upon same in establishing
their agreement and time frames for construction, use and occupancy, lending on
the project and issuing legal opinions in connection therewith; and (d) to cooperate
fully with Developer to streamline and facilitate the obtaining of such permits,
approvals and consents.
(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
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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 such party's financial ability as in the reasonable
judgment of City is required.
(5) Receipt of an opinion of counsel to Developer in the form attached hereto
as Exhibit C.
(6) Developer shall have the right to terminate this Agreement at any time prior
to the consummation of the closing on the Closing Date if Developer determines
in its sole discretion that conditions necessary for the successful completion of the
Project contemplated herein have not been satisfied to the full satisfaction of such
party in such party's sole and unfettered discretion. Upon the giving of notice of
termination by such terminating party to the other parties to this Agreement, this
Agreement shall be deemed null and void.
(7) Developer shall have recorded a final plat of the Property.
1.4 Closing. The closing shall take place on the Closing Date which shall be the 13th
of February, 2025, or such other date as the parties shall agree in writing but in no event
shall the Closing Date be later than the February 28, 2025. 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.
1.5 City's Obligations at Closing. At or prior to 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. INFRASTRUCTURE IMPROVEMENTS.
2.1 Required Improvements. City acknowledges that Developer is developing a
residential development on the Property as shown on the Conceptual Development Plan
attached hereto as Exhibit B. Developer agrees as follows (the Required Improvements):
(1) To construct fourteen (14) single-family owner -occupied residences, two (2)
detached garage structures containing a total of fifteen (15) covered parking
spaces, and eighteen (18) surface parking spaces.
(2) To construct a 26-foot-wide private drive that will extend throughout the
site providing access to all the residences. The private driveway location has
been reviewed and approved by the City of Dubuque Engineering Department to
ensure adequate visibility for safe entry and exit from the development.
2.2 Plans for Construction of Required Improvements. Plans and specifications with
respect to the Property and the construction of the Required Improvements thereon (the
Construction Plans) shall be in conformity with the Urban Renewal Plan, this Agreement,
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and all applicable state and local laws and regulations, including but not limited to any
covenants, conditions, restrictions, reservations, easements, liens, and charges
applicable to the Property, in the records of Dubuque County, Iowa. Developer shall
submit to City, for approval by City, plans, drawings, specifications, and related
documents with respect to the Required Improvements to be constructed by Developer
on the Property. All work with respect to the Required Improvements shall be in
substantial conformity with the Construction Plans approved by City. Developer
specifically acknowledges and understands the requirements and limitations of Iowa
Code §403.22 (6).
2.3 Timing of Required Improvements. Developer hereby agrees that construction of
Required Improvements, shall be commenced by March 31, 2025, and completed by
December 31, 2028. 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.
SECTION 3. CITY PARTICIPATION.
3.1 Economic Development Grants. For and in consideration of Developer's
obligations hereunder, and in furtherance of the goals and objectives of the urban renewal
plan for the Project Area and the Urban Renewal Law, City agrees, subject to Developer
being and remaining in compliance with the terms of this Agreement, to make twenty (20)
consecutive semi-annual payments (such payments being referred to collectively as the
Economic Development Grants) to Developer:
November 1, 2030
May 1, 2031
November 1, 2031
May 1, 2032
November 1, 2032
May 1, 2033
November 1, 2033
May 1, 2034
November 1, 2034
May 1, 2035
November 1, 2035
May 1, 2036
November 1, 2036
May 1, 2037
November 1, 2037
May 1, 2038
November 1, 2038
May 1, 2039
November 1, 2039
May 1, 2040
November 1, 2040
May 1, 2041
November 1, 2041
May 1, 2042
November 1, 2042
May 1, 2043
November 1, 2043
May 1, 2044
November 1, 2044
May 1, 2045
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The foregoing grants will be made pursuant to Iowa Code §403.9 of the Urban Renewal
Law, in amounts equal to the actual amount of tax increment revenues collected by City
under Iowa Code §403.19 (without regard to any averaging that may otherwise be utilized
under Iowa Code §403.19 and excluding any interest that may accrue thereon prior to
payment to Developer) during the preceding six (6) month period in respect of the
Property and improvements constructed by Developer (the Developer Tax Increments),
and no Grant may exceed such Developer Tax Increment nor may the total of such Grants
exceed the total Developer Tax Increments. Developer recognizes and agrees that the
Economic Development Grants shall be paid solely and only from the incremental taxes
collected by City in respect to the Property and improvements, which does not include
property taxes collected for the payment of bonds and interest of each taxing district, and
taxes for the regular and voter -approved physical plant and equipment levy, instructional
support levy, and any other portion required to be excluded by Iowa law, and thus such
incremental taxes will not include all amounts paid by Developer as regular property
taxes.
The foregoing schedule is subject to change based upon Developer's actual date of
completion of the Minimum Improvements. Developer must inform City of any need to
amend the schedule of the Economic Development Grants based on the date of Minimum
Improvement completion.
A. To fund the Economic Development Grants, City shall certify to the County
prior to December 1 of 2029 its request for the available Developer Tax Increments
resulting from the assessments imposed by the County as of January 1 of that
year, to be collected by City as taxes are paid during the following fiscal year and
which shall thereafter be disbursed to the Developer during the period such tax
increment revenues accrue, on November 1 and May 1 of that fiscal year.
(Example: If City so certifies by December 2029, the Economic Development
Grants in respect thereof would be paid to Developer on November 1, 2030 and
May 1, 2031.)
B. 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 Mount Pleasant Housing TIF Account of City. City hereby
covenants and agrees to maintain its TIF ordinance in force during the term and to
apply the incremental taxes collected in respect of the Property and improvements
and allocated to the Mount Pleasant Housing TIF Account to pay the Economic
Development Grants, as and to the extent set forth in Section 3.3(A) 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
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timely applies the Developer Tax Increments actually collected and held in the
Mount Pleasant Housing 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.
City shall be free to use any and all tax increment revenues collected in respect of
other properties within the Project Area, or any available Developer Tax
Increments resulting from the termination of the annual Economic Development
Grants under Section 3.2 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.
SECTION 4. NOW APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non -Appropriation. Notwithstanding anything in this Agreement to the contrary,
the obligation of City to pay any installment of the Economic Development Grants from
the pledged tax increment revenues shall be an obligation limited to currently budgeted
funds, and not a general obligation or other indebtedness of City or a pledge of its full
faith and credit within the meaning of any constitutional or statutory debt limitation, and
shall be subject in all respects to the right of non -appropriation by the City Council of City
as provided in this Section. City may exercise its right of non -appropriation as to the
amount of the installments to be paid during any fiscal year during the term of this
Agreement without causing a termination of this Agreement. The right of non -
appropriation shall be exercised only by resolution affirmatively declaring City's election
to non -appropriate funds otherwise required to be paid in the next fiscal year under this
Agreement.
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 Grant due and payable in that future fiscal year, then City shall have no
further obligation to Developer for the payment of any installments due in that future fiscal
year which cannot be paid with the funds then appropriated for that purpose.
4.2 The right of non -appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, so as to ensure that City's obligation to pay
future installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional or statutory debt
limitation prior to the adoption of a budget which appropriates funds for the payment of
that installment or amount. In the event that any of the provisions of this Agreement are
determined by a court of competent jurisdiction to create, or result in the creation of, such
a legal indebtedness of City, the enforcement of the said provision shall be suspended,
and the Agreement shall at all times be construed and applied in such a manner as will
preserve the foregoing intent of the parties, and no event of default shall be deemed to
have occurred as a result thereof. If any provision of this Agreement or the application
thereof to any circumstance is so suspended, the suspension shall not affect other
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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 Books and Records. During the term of this Agreement, Developer shall keep at
all times 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.
5.2 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 improvements located thereon that may now be, or hereafter become,
available under state law or city ordinance during the term of this Agreement, including
those that arise under Iowa Code Chapters 404 and 427, as amended.
5.3 Preservation of Property. During the term of this Agreement, Developer shall
maintain, preserve, and keep, or cause others to maintain, preserve, and keep, the
improvements in good repair and working order, except for ordinary wear and tear, and
from time to time shall make all necessary repairs, replacements, renewals, and
additions. Nothing in this Agreement, however, shall be deemed to alter any agreements
between Developer or any other party including, without limitation, any agreements
between the parties regarding the care and maintenance of the Property.
5.4 Non -Discrimination. In carrying out the Project, Developer 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.
5.5 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.
5.6 Non -Transferability. Until such time as the improvements are complete this
Agreement may not be assigned by Developer to another party without the prior written
consent of City, which shall not be unreasonably withheld. Thereafter, Developer shall
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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.
5.7 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof that they, and their
respective successors and assigns, shall:
A. Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of
the Property as a residential development 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
B. Not discriminate upon the basis of age, color, familial status, gender identity,
marital status, mental/physical disability, national origin, race, religion/creed, sex,
or sexual orientation 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).
5.8 Release and Indemnification Covenants.
A. Developer releases City and the governing body members, officers, agents,
servants, and employees thereof (hereinafter, for purposes of this Section, the
Indemnified Parties) from, covenants and agrees that the Indemnified Parties shall
not be liable for, and agrees to indemnify, defend, and hold harmless the
Indemnified Parties against any loss or damage to property or any injury to or death
of any person occurring at or resulting from any defect in the improvements.
B. Except for any gross negligence, willful misrepresentation, or any willful or
wanton misconduct or any unlawful act of the Indemnified Parties, Developer
agrees to protect and defend the Indemnified Parties, now or forever, and further
agrees to hold the Indemnified Parties harmless, from any claim, demand, suit,
action, or other proceedings whatsoever by any person or entity whatsoever
arising from:
(1) Developer's violation of any agreement or condition of this
Agreement (except with respect to any suit, action, demand, or other
proceeding brought by Developer against City based on an alleged breach
of any representation, warranty, or covenant of City under this Agreement
and/or to enforce its rights under this Agreement); or
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(2) The acquisition, construction, installation, ownership, and operation
of the improvements in accordance with the Final Plat and Improvement
Plans as approved by the City Council Resolution with Developer
Acknowledgment until such time as Developer's warranty of the
improvements has expired or, for individual lots, upon sale of a lot to a new
owner; or
(3) the condition of the Property and any hazardous substance or
environmental contamination located in or on the Property, caused by
Developer and occurring after Developer takes possession of the Property.
C. The Indemnified Parties shall not be liable to Developer for any damage or
injury to the persons or property of Developer or its officers, agents, servants, or
employees or any other person who may be on, in or about the improvements due
to any act of negligence of any person, other than any act of negligence on the
part of any such Indemnified Party or its officers, agents, servants, or employees.
D. All covenants, stipulations, promises, agreements, and obligations of City
contained herein shall be deemed to be the covenants, stipulations, promises,
agreements, and obligations of City, and not of any governing body member,
officer, agent, servant, or employee of City in their individual capacity thereof.
E. The provisions of this Section shall survive the termination of this
Agreement.
5.9 Compliance with Laws. Developer shall comply with all laws, rules, and
regulations relating to its businesses, other than laws, rules, and regulations for which 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.
5.10 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, no residential rental unit shall be leased to any tenant for an initial term of fewer
than 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. 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.
SECTION 6. EVENTS OF DEFAULT AND REMEDIES.
Page 309 of 1050
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:
A. Failure by Developer to pay or cause to be paid, before delinquency, all real
property taxes assessed with respect to the improvements and the Property. After
the issuance of the Certificate of Completion, however, such event shall not entitle
City to the remedy provided in Section 6.2.
B. Failure by Developer to cause the construction of the Required
Improvements to be commenced and completed pursuant to the terms, conditions,
and limitations of the Final Plat and Improvement Plans as approved by the City
Council Resolution with Developer Acknowledgment and this Agreement.
C. Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation, or agreement on its part to be observed
or performed under this Agreement.
6.2 Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 6.1 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:
A. City may suspend its performance under this Agreement until it receives
assurances from the defaulting party, deemed adequate by City, that the defaulting
party will cure its default and continue its performance under this Agreement;
B. 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. Except as otherwise provided in this Agreement, no
remedy herein conferred upon or reserved to City is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed
to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient.
Page 310 of 1050
6.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such waiver
shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous, or subsequent breach hereunder.
6.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of litigation from the other party. Such fees and
costs of litigation may be set by the court in the trial of such action or by the arbitrator, as
the case may be, or may be enforced in a separate action brought for that purpose. Such
fees and costs of litigation shall be in addition to any other relief that may be awarded.
6.6 Remedies on Default bV 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: Dubuque and Jackson County Habitat for Humanity
Attn: Hillary Dalton
900 Jackson Street STE 1-1-5-2E
Dubuque IA 52001
Phone: (563) 556-2195
With copy to: Kane, Norby, and Reddick, P.C.
Joseph P. Kane
2100 Asbury Road, Suite 2
Dubuque, Iowa 52001
Phone: (886) 493-0667
If to City: City of Dubuque
Attn: City Manager
50 W. 13th Street
Page 311 of 1050
Dubuque, Iowa 52001
With copy to: City Attorney's Office
300 Main Street, Suite 330
Dubuque, IA 52001
or at such other address with respect to any 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 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on June 30, 2045 following the last payment for Grants (the
Termination Date) pursuant to Iowa Code §403.22.
7.4 Execution by Facsimile or Email. The parties agree that this Agreement may be
transmitted among them by facsimile machine or email. The parties intend that the faxed
or scanned signatures constitute original signatures and that a faxed or scanned
Agreement containing the signatures (original, faxed, or scanned) of all the parties is
binding on the parties.
7.5 Memorandum of Development Agreement. City shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit F in the
office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for so
recording.
CITY OF DUBUQUE, IOWA DUBUQUE AND JACKSON COUNTY
HABITAT FOR HUMANITY
In
Brad M. Cavanagh, Mayor
Adrienne N. Breitfelder, City Clerk
By: H�4T lbd�-M.
Hilary Dalton, Executive Director
Page 312 of 1050
LIST OF EXHIBITS
Exhibit A
Urban Renewal Plan
Exhibit B
Conceptual Site Plan
Exhibit C
Opinion of Developer's Counsel
Exhibit D
City Certificate
Exhibit E
Opinion of City's Counsel
Exhibit F
Memorandum of Development Agreement
Page 313 of 1050
EXHIBIT A
URBAN RENEWAL PLAN
(on file in City Clerk's office, 50 W. 13th Street, Dubuque, IA 52001)
Page 314 of 1050
EXHIBIT B
CONCEPTUAL DEVELOPMENT PLAN
Page 315 of 1050
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Page 316 of 1050
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Page 321 of 1050
EXHIBIT C
OPINION OF DEVELOPER'S COUNSEL
Page 322 of 1050
Mayor and City Councilmembers
City Hall
13t" and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, Iowa, and Dubuque and
Jackson County Habitat for Humanity
Dear Mayor and City Councilmembers:
We have acted as counsel for Dubuque and Jackson County Habitat for Humanity
(Developer) in connection with the execution and delivery of a certain Development
Agreement (Development Agreement) between Developer and the City of Dubuque, Iowa
(City) dated for reference purposes the day of , 2024.
We have examined the original certified copy, or copies otherwise identified to our
satisfaction as being true copies, of the Development Agreement and such other
documents and records as we have deemed relevant and necessary as a basis for the
opinions set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries as
we have deemed appropriate, we are of the opinion that:
1. Developer is an Iowa Nonprofit Corporation with its principal place of
business at Dubuque, Iowa and has full power and authority to execute, deliver and
perform in full Development Agreement. The Development Agreement has been duly
and validly authorized, executed and delivered by Developer and, assuming due
authorization, execution and delivery by City, is in full force and effect and is valid and
legally binding instrument of Developer enforceable in accordance with its terms, except
as the same may be limited by bankruptcy, insolvency, reorganization or other laws
relating to or affecting creditors' rights generally.
2. The execution, delivery and performance by Developer of the Development
Agreement and the carrying out of the terms thereof, will not result in violation of any
provision of, or in default under, the articles of incorporation and bylaws of Developer,
any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree,
order, statute, rule, regulation or restriction to which Developer is a party or by which
Developer's property is bound or subject.
3. To the best of our knowledge, there are no actions, suits or proceedings
pending or threatened against or affecting Developer in any court or before any arbitrator
or before or by any governmental body in which there is a reasonable possibility of an
adverse decision which could materially adversely affect the business (present or
prospective), financial position or results of operations of Developer or which in any
manner raises any questions affecting the validity of the Agreement or the Developer's
ability to perform Developer's obligations thereunder.
Page 323 of 1050
We have examined such documents and certificates of public officials and officers
of the Developer as we have deemed necessary for the purposes of this opinion. As to
the existence of facts which are material to this opinion, we have relied upon certificates
of public officials, statements by officers and resolutions of the Members of the Developer.
In rendering our opinion, we have assumed (i) the legal capacity of all natural persons
and the capacity and corporate power of all parties to the documents examined by us
other than the Developer, (ii) the due authorization, execution and delivery of each
document examined by us, by all parties to such documents other than the Developer,
(iii) the genuineness of all signatures other than the signatures of the representatives of
the Developer, (iv) the authenticity of all documents submitted to us as originals; (v) the
conformity to original documents of all documents submitted to us as copies; and (vi) the
City has no knowledge, direct or through their counsel, which would render any of the
representations set forth herein inaccurate or incorrect. We have not made any
independent investigation to verify any assumptions made herein, and have not
undertaken any factual investigation into the business, properties, agreements or litigation
of the Developer for the purpose of rendering the opinions expressed herein. There may
exist matters of a factual nature which could have a bearing on our opinions expressed
herein, with respect to which we have not been consulted or are otherwise unaware.
Where used herein, the language "to the best of our knowledge" or language of similar
nature means to our actual knowledge with no duty to inquire further of any person or
document. Said language is intended to be limited to the actual knowledge of the
attorneys within our firm who have been directly involved in representing the Developer,
or whom we reasonably believe have knowledge of the affairs of the Developer. We have
assumed that all representations and warranties made by any party to the Development
Agreement are true and correct. We have examined the law, the resolutions of the
members of Developer, the Development Agreement, and such company proceedings of
the Developer and such other documents, certificates, instruments and matters as we
deem necessary to render this opinion.
The foregoing opinions are subject to:
(a) Equitable principles of general applicability (including, without limitation,
concepts of materiality, reasonableness, good faith and fair dealing, public policy,
equitable subordination and the possible unavailability of specific performance or
injunctive relief), regardless of whether considered in a proceeding in equity or at law or
whether codified by statute;
(b) The unenforceability of provisions purporting to waive rights, claims,
demands, liabilities or defenses to obligations, known or unknown, suspected or
unsuspected, where such waivers are contrary to any applicable law or against public
policy;
(c) The unenforceability, under certain circumstances, of provisions of
agreements to the effect that rights or remedies are not exclusive, that every right or
remedy is cumulative and may be exercised in addition to or with any other right or
Page 324 of 1050
remedy, or that the election of some particular remedy or remedies does not preclude
recourse to one or another remedy;
(d) The unenforceability under certain circumstances, of provisions which
purport to govern forum selection or consent to jurisdiction; and
(e) The potential to vary the terms of the Development Agreement on the basis
of parol evidence.
The opinions set forth herein are given as of the date hereof. We disclaim any
obligation to notify you or any other person after the date of this letter if any change in
fact and/or law should change our opinion with respect to any matters set forth herein.
This opinion is for your benefit only and may not be quoted in whole or in part or otherwise
referred to in any documents, or delivered to or filed with any person or entity, or relied
upon by any other person or entity, without our prior written consent.
Very truly yours,
Page 325 of 1050
EXHIBIT D
CITY CERTIFICATE
Page 326 of 1050
THE CITY
U*BD&E
Masterpiece on the Mississippi
(DATE)
Dubuque City Manager's Office
City Hall
50 West 131" Street
AII•Amena C" Dubuque, Iowa 52001-4864
N,\I1 NN Al. I JA A I
(563) 5894110 office
(563) 589-4149 fax
ctymgr@cityofdubuque.org
2007*2012*2013
2017*2019
Re: Development Agreement between the City of Dubuque, Iowa, and Dubuque and
Jackson County Habitat for Humanity
Dear
I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between
Dubuque and Jackson County Habitat for Humanity (Developer) and the City of Dubuque,
Iowa (City) dated for reference purposes the day of 12024.
On behalf of the City of Dubuque, I hereby represent and warrant to Developer that:
(1) The execution, delivery and performance of this Agreement and the
consummation of the transactions contemplated by this Agreement do not and
shall not result in any material breach of any terms or conditions of any mortgage,
bond, indenture, agreement, contract, license, or other instrument or obligation to
which City is a party or by which either the City or the Property being conveyed are
bound, nor shall the execution, delivery and performance of this Agreement violate
any statute, regulation, judgment, writ, injunction or decree of any court threatened
or entered in a proceeding or action in which City may be bound or to which either
City or the Property being conveyed may be subject.
(2) 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.
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 E.
(3) City shall exercise its best efforts to assist with Developer in the
development process.
(4) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
Page 327 of 1050
(5) The representations and warranties contained in this article shall be correct
in all respects on and as of the Closing Date with the same force and effect as if
such representations and warranties had been made on and as of the Closing
Date.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:jh
Page 328 of 1050
EXHIBIT E
OPINION OF CITY'S COUNSEL
Page 329 of 1050
Barry A. Lindahl, Esq.
Senior Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563)583-1040 fax
balesgLdcityofdubuque.org
(DATE)
RE:
Dear
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
ul•Ameria d4
r.x i
2007-2012.2013
2017*2019
I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution
and delivery of a certain Development Agreement between Dubuque and Jackson County
Habitat for Humanity (Developer) and the City of Dubuque, Iowa (City) dated for reference
purposes the day of , 2024.
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
, 2024, are correct.
BAL:JLM
Very sincerely,
Barry A. Lindahl, Esq.
Senior Counsel
EXHIBIT F
MEMORANDUM OF DEVELOPMENT AGREEMENT
Page 330 of 1050
Page 331 of 1050
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 between the City of Dubuque, Iowa, an Iowa
municipal corporation, of Dubuque, Iowa and Dubuque and Jackson County Habitat for
Humanity was made regarding the following described premises:
Lot 2 of Mount Pleasant Place, Lots 55, 56, 57, and 58 in Rosedale Addition, and, Lots 8,
9, 10, and 11 of the Subdivision of Lot 3 of the Subdivision of Mineral Lot No. 178, all in
the City of Dubuque, Iowa, according to the respective recorded Plats thereof
(the Property)
The Development Agreement is dated for reference purposes the day of
, 2024, and contains covenants, conditions, and restrictions concerning the
use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the terms
and provisions of the Development Agreement shall prevail. A complete counterpart of
the Development Agreement, together with any amendments thereto, is in the possession
of the City of Dubuque and may be examined at its offices as above provided.
Dated this day of , 2024.
CITY OF DUBUQUE, IOWA
Barry A. Lindahl, Esq., Senior Counsel
STATE OF IOWA
Page 332 of 1050
: SS:
DUBUQUE COUNTY
On this day of , 2024, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Barry A. Lindahl, to me personally
known, who being by me duly sworn did say that he is Senior Counsel of the City of
Dubuque, a Municipal Corporation, created and existing under the laws of the State of
Iowa and that said instrument was signed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Senior Counsel acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Notary Public, State of Iowa
Page 333 of 1050
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 6th day of January, 2025, at 6:30 p.m., in the Historic Federal Building,
350 W. 61" 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 Dubuque and Jackson County Habitat for Humanity, 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 Mount Pleasant Place Urban Renewal Area , consisting
of the funding of Urban Renewal Tax Increment Revenue Grant Obligations for Dubuque
and Jackson County Habitat for Humanity, under the terms and conditions of the Urban
Renewal Plan for the Mount Pleasant Place Urban Renewal Area. The aggregate amount
of the Urban Renewal Tax Increment Revenue Grant Obligations cannot be determined
at the present time but is not expected to exceed $500,000.
At the meeting, the City Council will receive 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://dubugueia.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. 131" 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 16th day of December 2024.
Adrienne N. Breitfelder, CIVIC, City Clerk
Page 334 of 1050
Prepared by Ian C. Hatch, Assistant Economic Development Director, 1300 Main Street, Dubuque, IA 52001, (563)
589-4105
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 407-24
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON A DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF DUBUQUE, IOWA AND DUBUQUE AND JACKSON COUNTY HABITAT FOR
HUMANITY, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE GRANT OBLIGATIONS RELATING THERETO AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, City and Dubuque and Jackson County Habitat for Humanity have
tentatively entered into a Development Agreement, subject to the approval of the City
Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th
Street, Dubuque, Iowa for the development of property located in the Mount Pleasant
Place Urban Renewal Area in the City of Dubuque; and
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement with Dubuque and Jackson
County Habitat for Humanity; and
WHEREAS, it is deemed necessary and advisable that City should authorize
Urban Renewal Tax Increment Revenue Grant Obligations, as provided by Iowa Code
Chapter 403, pursuant to the Development Agreement; and
WHEREAS, before said obligations may be approved, Iowa Code Chapter 403
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause a notice to
be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to authorize Urban Renewal Tax Increment Revenue Grant Obligations, to be held on
the 6th day of January, 2025 at 6:30 p.m. The official agenda will be posted on Friday,
January 3, 2025 and will contain listening, viewing, and public input options. The City Council
agenda can be accessed at https://dubugueia.portal.civiccierk.com/ or by contacting the
City Clerk's Office at 563-589-4100, ctyclerk(a�-cityofdubugue.org.
Section 2. The City Council will meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue Grant
Obligations and the execution of the Development Agreement relating thereto with
Dubuque and Jackson County Habitat for Humanity, the proceeds of which obligations
will be used to carry out certain of the special financing activities described in the Urban
Renewal Plan for the Mount Pleasant Place Urban Renewal Area, consisting of the
funding of Urban Renewal Tax Increment Revenue Grant Obligations to Dubuque and
Jackson County Habitat for Humanity pursuant to the Development Agreement. It is
expected that the aggregate amount of the Tax Increment Revenue Grant Obligations to
be issued will be approximately $500,000.
Section 3. The Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall
be in substantially the form attached hereto.
Passed, approved and adopted this 16th day of December, 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
2