Resolution Approving a Development Agreement with FitzGerald EnterpriZes, L.L.C.City of Dubuque
City Council
PUBLIC HEARINGS # 2.
Copyrighted
May 5, 2025
ITEM TITLE: Resolution Approving a Development Agreement with
FitzGerald EnterpriZes, L.L.C.
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt the attached resolution approving the
Development Agreement with FitzGerald EnterpriZes, L.L.C.
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, Iowa And Fitzgerald
EnterpriZes, L.L.C., 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 260 of 326
THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution Approving a Development Agreement with FitzGerald
EnterpriZes, L.L.C.
DATE: April 30, 2025
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Economic Development Director Jill Connors is recommending City Council adopt the
attached resolution approving the Development Agreement with FitzGerald EnterpriZes,
L.L.C. 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 approximately $500,000 dollars to
create three new residential rental units and rehabilitate the commercial space to
support a food service industry tenant.
2. City to award a Downtown Housing Creation Grant in an amount not to exceed
$30,000 ($10,000 per unit up to 3 units).
3. City to award a 15-year tax increment financing incentive in the form of semi-
annual rebates. The tax increment financing incentive is estimated to not exceed
$150,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Ian Hatch, Assistant Economic Development Director
Page 261 of 326
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
I® http://www.cityofdubuque.org
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 Approving a Development Agreement with FitzGerald
EnterpriZes, L.L.C.
DATE: April 30, 2025
INTRODUCTION
This memorandum presents for your review and approval a resolution approving a
Development Agreement by and between the City of Dubuque, Iowa and FitzGerald
EnterpriZes, L.L.C. for the redevelopment of 2400 Central Avenue.
:j_Tej:(r]:lomk,Ic'
FitzGerald EnterpriZes, L.L.C., managed by local developer Kyle Fitzgerald, submitted an
application for housing creation incentives for the property at 2400 Central Avenue. The
property has been in decline for many years due to the increasing cost of improvements
needed to stabilize and rehabilitate the structure.
DISCUSSION
Developer is proposing to create three new residential rental units on the second and third
floors. Additionally, the commercial space is to be rehabilitated to accommodate a Cedar
Rapids food service industry looking to establish a presence in the Dubuque market.
Key elements of the Development Agreement are as follows:
1. Developer to make a capital investment of approximately $500,000 dollars to create
three new residential rental units and rehabilitate the commercial space to support
a food service industry tenant.
2. City to award a Downtown Housing Creation Grant in an amount not to exceed
$30,000 ($10,000 per unit up to 3 units).
Page 262 of 326
3. City to award a 15-year tax increment financing incentive in the form of semi-annual
rebates. The tax increment financing incentive is estimated to not exceed $150,000.
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.
The Central Avenue Corridor is a key priority for the Dubuque City Council. Investing in the
revitalization of a mixed -use property in this section of Central Avenue is crucial. A
successful rehabilitation of this property would support City investments previously made
in the 2900 block as well as private investments being made further south between the
1800 and 1400 blocks.
RECOMMENDATION
I recommend, after the public hearing, City Councill adopt the attached resolution approving
the Development Agreement with FitzGerald EnterpriZes, L.L.C. including the issuance of
Urban Renewal Tax Increment Revenue Grant Obligations (TIF).
F,
Page 263 of 326
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
FITZGERALD ENTERPRIZES, L.L.C.
This Development Agreement (Agreement) dated for reference purposes the
day of Tn , 2025 is made and entered into by and between the
City of Dubuque, Iowa ( ity), and FitzGerald EnterpriZes, L.L.C. (Developer).
WHEREAS, Developer is the owner of the real estate locally known as 2400 Central
Avenue, Dubuque, Iowa and legally described as follows (the Property):
Lot 1 of Lot 1 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 1
of Lot 170, and Lot 1 of Lot 1 of Lot 171, all in L.H. Langworthy's Addition to the
City of Dubuque, Iowa, according to the recorded Plats thereof.
; 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 Development Agreement, 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 City. In order to induce Developer to enter into
this Agreement, City hereby represents and warrants to Developer that to the best of City's
knowledge:
(1) City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and that it has full power and authority
to execute, deliver and perform its obligations under this Agreement. City's attorney
shall issue a legal opinion to Developer at the time of closing confirming the
representations contained herein, in the form attached hereto as Exhibit A.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City, or which
affects the validity of the Agreement or City's ability to perform its obligations under
this Agreement.
(6) No ordinance or hearing is now before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies, the
cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
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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 Downtown 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, Iowa.
1.2 Representations and Warranties of Developer. The Developer makes the following
representations and warranties:
(1) Developer is a limited liability corporation duly organized and validly existing
under the laws of the State of Iowa and has all requisite power and authority to own
and operate its properties, to carry on its business as now conducted and as
presently proposed to be conducted, and to enter into and perform its obligations
under this Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Developer and, assuming due authorization, execution and delivery by City, is in full
force and effect and is a valid and legally binding instrument of Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors'
rights generally. Developer's counsel shall issue a legal opinion to City, at the time
of closing, confirming the representations contained herein, in the form attached
hereto as Exhibit B.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
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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 Closing. The closing shall take place on the Closing Date which shall be the 27th
day of April, 2025, 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 May, 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.
1.4 Conditions to Closing. The closing of the transaction contemplated by this
Agreement and all the obligations of Developer under this Agreement are subject to
fulfillment, on or before the Closing Date, of the following conditions:
(1) The representations and warranties made by City in Section 1.1 shall be
correct as of the Closing Date with the same force and effect as if such
representations were made at such time. At the closing, City shall deliver a
certificate to that effect in the form of Exhibit C.
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(2) Developer shall have the right to terminate this Agreement at anytime prior to
the consummation of the closing on the Closing Date if Developer determines in its
sole discretion that conditions necessary for the successful completion of the Project
contemplated herein have not been satisfied in Developer's sole discretion. Upon
the giving 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 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to
Developer such other documents as may be required by this Agreement, all in a form
satisfactory to Developer.
SECTION 2. DEVELOPMENT ACTIVITIES
2.1 Required Minimum Improvements. Developer will make a capital investment of
approximately Six Hundred Thousand Dollars ($500,000.00) to improve the Building (the
Minimum Improvements). The Minimum Improvements include creating three (3) new
residential market rate units..
2.2 Plans for Construction of Minimum Improvements. Plans and specifications with
respect to the development of the Property and the construction of the Minimum
Improvements thereon (the Construction Plans) shall be in conformity with Urban Renewal
Plan, this Agreement, and all applicable state and local laws and regulations, including but
not limited to any covenants, conditions, restrictions, reservations, easements, liens and
charges, recorded in the records of Dubuque County, Iowa. Developer shall submit to City,
for approval by City, plans, drawings, specifications, and related documents with respect to
the improvements to be constructed by Developer on the Property. All work with respect to
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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 G 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 Security 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://cityofdubugue.org/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 Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to a
portion of the tax increment revenues collected by City under Iowa Code Section 403.19
(without regard to any averaging that may otherwise be utilized under Iowa Code Section
403.19 and excluding any interest that may accrue thereon priorto 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 ($236,700). 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
Iowa law, and thus such incremental taxes will not include all amounts paid by Developer
as regular property taxes.
3.2 To fund the Economic Development Grants, City shall certify to the County prior to
December 1, 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 FitzGerald
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EnterpriZes 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 FitzGerald EnterpriZes 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 FitzGerald EnterpriZes 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 Housing Incentive.
(1) City agrees to provide to Developer on the terms and conditions set forth in
the Downtown Housing Incentive Program attached hereto as Exhibit F, a grant in
an amount not to exceed Thirty Thousand Dollars ($30,000.00) (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 three 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 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
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(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
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 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,
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and the Agreement shall at all times be construed and applied in such a manner as will
preserve the foregoing intent of the parties, and no event of default shall be deemed to
have occurred as a result thereof. If any provision of this Agreement or the application
thereof to any circumstance is so suspended, the suspension shall not affect other
provisions of this Agreement which can be given effect without the suspended provision,
and to this end the provisions of this Agreement are severable.
SECTION 5. COVENANTS OF DEVELOPER
5.1 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitation.
5.2. Operation of Property.
(1) Housing Vouchers. For and in consideration of the Grant offered under this
Agreement, during the operation of the Development Property as a rental residential
property, Developer shall accept, or cause to be accepted, applications from
prospective tenants with housing vouchers issued under the U.S. HUD's Section 8
voucher program or a similar program who are otherwise qualified prospective
tenants. Developer shall not deny any tenant a lease based on a public assistance
source of income. A public assistance source of income means income and support
derived from any tax supported federal, state or local funds, including, but not limited
to, social security, supplemental security income, temporary assistance for needy
families, family investment program, general relief, food stamps, and unemployment
compensation, housing choice voucher subsidies and similar rent subsidy programs.
This Section 5.2 shall survive the termination of this Agreement. If Developer or
Developer's successors or assigns violates the requirements of this Section 5.2 as
determined by the City Manager in the City Manager's sole discretion after the
termination of this Agreement, Developer or Developer's successors or assigns shall
not be eligible for any City financial assistance programs.
(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
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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 Iowa Code Chapters 404 and 427, as amended.
5.6 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all times
during the process of constructing the Minimum Improvements and at its sole cost
and expense builder's risk insurance, written on a Completed Value Form in an
amount equal to one hundred percent (100%) of the Building (including Minimum
Improvements) replacement value when construction is completed, 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.
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(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.
5.7 Preservation of Property. During the term of this Agreement, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep, the Minimum
Improvements in good repair and working order, ordinary wear and tear accepted, and from
time to time shall make all necessary repairs, replacements, renewals and additions.
5.8 Non -Discrimination. In carrying out the project, Developers shall not discriminate
against any employee or applicant for employment because of age, color, familial status,
gender identity, marital status, mental/physical disability, national origin, race,
religion/creed, sex, or sexual orientation.
5.9 Conflict of Interest. Developer agrees that no member, officer or employee of City,
or its designees or agents, nor any consultant or member of the governing body of City,
and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or hertenure, 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
Page 275 of 326
tenure. In connection with this obligation, Developer shall have the right to rely upon the
representations of any party with whom it does business and shall not be obligated to
perform any further examination into such party's background.
5.10 Non -Transferability. Until such time as the Minimum Improvements are complete (as
certified by City under Section 2.5), this Agreement may not be assigned by Developer nor
may the Property be transferred by Developer to another party. Thereafter, with the prior
written consent of City, which shall not be unreasonably withheld, Developer shall have the
right to assign this Agreement, and upon assumption of the Agreement by the assignee,
Developer shall no longer be responsible for its obligations under this Agreement.
5.11 No change in Tax Classification. Developer agrees that it will not take any action to
change, or otherwise allow, the classification of the Property for property tax purposes to
become other than commercial property and to be taxed as such under Iowa law. This
restriction shall terminate upon the termination of this Agreement. However, Developer may
apply for a reclassification of the Property in the event Iowa law is modified to allow a
building containing four apartments within one building to be classified as residential for
property tax purposes.
5.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof, for the duration of this
Agreement, that they, and their respective successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of the
Property as a restaurant and upper -story housing, is in full compliance with the
Urban Renewal Plan) (however, Developer shall not have any liability to City to the
extent that a successor in interest shall breach this covenant and City shall seek
enforcement of this covenant directly against the party in breach of same); and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age or disability in the sale, lease, rental,
use or occupancy of the Property or any improvements erected or to be erected
thereon, or any part thereof (however, Developer shall not have any liability to City
to the extent that a successor in interest shall breach this covenant and City shall
seek enforcement of this covenant directly against the party in breach of same).
5.13 Compliance with Laws. Developer shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rules and regulations the failure to comply with
Page 276 of 326
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 Developerto cause the construction of the Minimum Improvements
to be commenced and completed pursuant to the terms, conditions and limitations of
this Agreement.
(3) Transfer of any interest by Developer of the Minimum Improvements in
violation of the provisions of this Agreement prior to the issuance of the final
Certificate of Completion.
(4) Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
6.2. Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 5.1 of this Agreement occurs and is continuing, City, as specified below, 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;
Page 277 of 326
(3) Until issuance of the Certificate of Completion, City shall be entitled to
recover from Developer the sum of all amounts expended by City in connection with
the funding of the Downtown Rehab Loan/Grant and Economic Development Grant
to Developer and City may take any action, including any legal action it deems
necessary, to recover such amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation, agreement,
or covenant under this Agreement.
6.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
6.4 No Implied Waiver. In the event any agreement contained in this Agreement should
be breached by any party and thereafter waived by any other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other
concurrent, previous or subsequent breach hereunder.
6.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs of litigation from the other party. Such fees and costs of litigation
may be set by the court in the trial of such action or by the arbitrator, as the case may be,
or may be enforced in a separate action brought for that purpose. Such fees and costs of
litigation shall be in addition to any other relief that may be awarded.
6.6 Remedies on Default by City. If City defaults in the performance of this Agreement,
Developer may take any action, including legal, equitable or administrative action that may
appear necessary or desirable to collect any payments due under this Agreement, to
recover expenses of Developer, or to enforce performance and observance of any
obligation, agreement, or covenant of City under this Agreement. Developer may suspend
their performance under this Agreement until they receive assurances from City, deemed
Page 278 of 326
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: Kyle Fitzgerald
FitzGerald EnterpriZes, L.L.C.
13750 Nolan Lane
Peosta, Iowa 52068
With copy to: Freund Law Firm, P.C.
John D. Freund
1005 Main Street, STE 200
Dubuque, IA 52001
If to City: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4110
Fax: (563) 589-4149
With copy to: City Attorney
City Hall
50 W. 131h Street
Dubuque IA 52001
or at such other address with respect to either party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
7.2 Binding. 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 underthis Agreement if
and to the extent and during such time as the party is prevented, impeded, or hindered,
Page 279 of 326
unable to perform its obligations or is delayed in doing so due to events or conditions
outside of the party's reasonable control and after the party has taken reasonable steps to
avoid or mitigate such event or its consequences (each a "Force Majeure Event") including,
without limitation in any way, as the result of any acts of God, war, fire, or other casualty,
riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes,
pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other
government orders, failure of Internet, or other matter beyond the control of such party.
Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure
Event will promptly give notice to the other party identifying the Force Majeure Event,
explaining how it impacts performance and the estimated duration, identifying the relief
requested, agreeing to limit damages to the other party and to immediately resume
performance upon termination of the Force Majeure Event, and agreeing to supplement the
notice as more information becomes available, and thereafter the parties shall meet and
confer in good faith in order to identify a cure of the condition affecting its performance as
expeditiously as possible. No obligation to make a payment required by this Agreement is
excused by a Force Majeure Event. The nonperforming party shall not be entitled to any
damages or additional payments of any kind for any such delay.
7.4 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on December 31, 2042 (the Termination Date).
7.5 Execution by Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine. The parties intend that the faxed signatures constitute
original signatures and that a faxed Agreement containing the signatures (original 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.
CITY OF DUBUQUE, IOWA
FITZGERALD ENTERPRIZES, L.L.C.
By /'
Brad M. Cavanagh, Mayor Kyle Fitzgerald, Member
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 Certificate of Completion
Page 282 of 326
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
Page 283 of 326
Barry A. Lindahl, Esq.
Senior Counsel
THE C
Suite 330, Harbor View Place300 Main StreetDUUB
Dubuque, Iowa 52001-6944
E
(563) 583-4113 office
(563) 583-1040 fax
Masterpiece on the Mississippi
balesq@cityofdubuque.org
( DATE)
:1 2F
Dear
Dubuque
AI orla CRP
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 FitzGerald EnterpriZes, L.L.C.
(Developer) and the City of Dubuque, Iowa (City) dated for reference purposes the day
of , 20 .
The City has duly obtained all necessary approvals and consents for its execution, delivery
and performance of this Agreement and has full power and authority to execute, deliver and
perform its obligations under this Agreement, and to the best of my knowledge, the
representations of the City Manager in his letter dated the day of , 20_, are
correct.
Very sincerely,
Barry A. Lindahl, Esq.
City Attorney
BAL:JLM
Page 284 of 326
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
Page 285 of 326
Mayor and City Councilmembers
City Hall
13th and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, Iowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for FitzGerald EnterpriZes, L.L.C., 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 , 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 Iowa and has full power and authority to execute, deliver and perform in full
the Development Agreement. The Development Agreement has been duly and validly
authorized, executed and delivered by Developer and, assuming due authorization,
execution and delivery by City, is in full force and effect and is a valid and legally binding
instrument of Developer enforceable in accordance with its terms, except as the same may
be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting
creditors' rights generally.
2. To our actual knowledge with no duty to inquire, the execution, delivery and
performance by Developer of the Development Agreement and the carrying out of the
terms thereof, will not result in violation of any provision of, or in default under, the articles
of incorporation and bylaws of Developer, any indenture, mortgage, deed of trust,
indebtedness, agreement, judgment, decree, order, statute, rule, regulation or restriction to
which Developer is a party or by which Developer's property is bound or subject.
3. To our actual knowledge with no duty to inquire, there are no actions, suits or
Page 286 of 326
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 287 of 326
EXHIBIT C
CITY CERTIFICATE
Page 288 of 326
Dubuque
THE CITY OF bVIAMA
All-AmeMq My
a �..,i r.r i,:a
DUB E ' I I'
e
2007-2012.2013
Masterpiece on the Mississippi 2017*2019
(DATE)
Dear
City Manager's Office
City Hall
50 West 1311, Street
Dubuque, Iowa 52001-4864
(563) 589-4110 office
(563) 589-4149 fax
cty mgrOacityofd ubuq ue.org
I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between
FitzGerald EnterpriZes, L.L.C. (Developer) and the City of Dubuque, Iowa (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 289 of 326
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 290 of 326
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
Page 291 of 326
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 FitzGerald EnterpriZes, L.L.C. was made regarding the
following described premises:
Lot 1 of Lot 1 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 1
of Lot 170, and Lot 1 of Lot 1 of Lot 171, all in L.H. Langworthy's Addition to the
City of Dubuque, Iowa, according to the recorded Plats thereof.
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
BE
Barry A. Lindahl, Senior Counsel
Page 292 of 326
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this day of , 20_, before me, a Notary Public in and for the State of
Iowa, 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
Iowa, 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 293 of 326
EXHIBIT E
URBAN RENEWAL PLAN
(on file in City Clerk's office, 50 W. 13th Street, Dubuque, IA 52001)
Page 294 of 326
EXHIBIT F
DOWNTOWN HOUSING INCENTIVE PROGRAM
Page 295 of 326
THE CITY OF Dubuque Economic Development Department
50 West 13`h Street
hy
uFAseMaC 1 Dubuque, Iowa 52001-4864
DUBB E 11111. I Office (563) 589-4393
TTY (563) 690-6678
2007.2012 http://www.cityofdubuque.org
Masterpiece on the Mississippi 2013.2017
DOWNTOWN HOUSING INCENTIVE PROGRAM
Proiects eligible to receive assistance from this established pool of funds must
meet the following requirements:
• The project must assist in the creation of new market -rate downtown rental and/or owner -
occupied residential units within the Greater Downtown Urban Renewal District (see
attached map) and have timely commencement & completion dates identified.
• The project must be the rehabilitation of an existing structure.
• Within the Washington Neighborhood, rental units must be located above a commercial
component on the first floor of the building unless the project is rehabilitating or reusing a
former church or school building.
• Exterior alterations are subject to design review and approval. The Historic District Guidelines
shall apply to projects located in Historic Preservation District. The Downtown Design
Guidelines shall apply to all other project locations. Projects which conform to the applicable
guidelines may be reviewed and approved by the City Planner. Projects that do not strictly
conform to the applicable guidelines will be forwarded to the Historic Preservation Commission
(HPC) for consideration. New construction or substantial rehabilitation projects may also be
considered by the HPC. The process for review is at the discretion of the City Planner.
Guidelines can be viewed and downloaded at http://cityofdubugue.org/1295/Design-Guidelines.
• Any signs on the property that do not comply with City zoning regulations and design
guidelines must be included in the design review and improved to comply with applicable City
Codes. Submittal must include the design materials and colors that will be used on the sign
face, how the sign will be displayed, and any lighting proposed.
• A detailed 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 296 of 326
• 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 not eligible.
• 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 297 of 326
EXHIBIT G
CERTIFICATE OF COMPLETION
35
Page 298 of 326
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"), has
granted incentives to FitzGerald EnterpriZes, L.L.C. (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:
Lot 1 of Lot 1 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 1 of
Lot 170, and Lot 1 of Lot 1 of Lot 171, all in L.H. Langworthy's Addition to the City of
Dubuque, Iowa, according to the recorded Plats thereof.
(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
36
Page 299 of 326
to record the filing of this instrument, to be a conclusive determination of the satisfaction of
the covenants and conditions as set forth in said Agreement, and that the Agreement shall
otherwise remain in full force and effect.
(SEAL)
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
CITY OF DUBUQUE, IOWA
Mike Van Milligen, City Manager
On this day of , 20_, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and acknowledged
said execution of the instrument to be his/her voluntary act and deed.
Notary Public in and for
Dubuque County, Iowa
37
Page 300 of 326
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. 156-25
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND FITZGERALD ENTERPRIZES, L.L.C., INCLUDING THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE
OBLIGATIONS
WHEREAS, FitzGerald EnterpriZes, L.L.C. is the owner of the property legally
described as follows:
Lot 1 of Lot 1 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 170, Lot 2 of Lot 1 of Lot 1
of Lot 170, and Lot 1 of Lot 1 of Lot 171, all in L.H. Langworthy's Addition to the
City of Dubuque, Iowa, according to the recorded Plats thereof.
(the Property); and
WHEREAS, the City Council, by Resolution No. 137-25, dated April 21, 2025
declared its intent to enter into a Development Agreement by and between the City of
Dubuque, Iowa, and FitzGerald EnterpriZes, L.L.C., 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 May 5, 2025 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 FitzGerald EnterpriZes,
L.L.C., 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 FitzGerald EnterpriZes, L.L.C., 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 5th day of May, 2025.
�1 f fayor
Attest:
Adrienne N. Breitfelder, bty Clerk
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:
04/25/2025
and for which the charge is 43.32
Subscribed to before me, a Notary Pub is in and for
Dubuque County, Iowa,
this 25th day of April, 2025
("-"u "� ie Q'.'
Notary fflic in and for Dubuque County, Iowa.
�Pt�c s JANET K. PAPE
o Commission Number 199659
? _ My Commission Expires
'wa 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 5th day of May, 2025, 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 FitzGerald
EnterpriZes, L.L.C., 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 FitzGerald EnterpriZes, L.I..C., 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 $150,000.
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.civiccierk.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 21st day
of April 2025.
Adrienne N. Breitfelder, CMC, City Clerk
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