Resolution Setting Public Hearing on a Proposed Development Agreement with Plastic Center, Inc. Copyrighted
June 2, 2025
City of Dubuque ITEMS SET FOR PUBLIC HEARING # 7.
City Council
ITEM TITLE: Resolution Setting Public Hearing on a Proposed
Development Agreement with Plastic Center, Inc.
SUMMARY: City Manager recommending City Council adopt a resolution
setting a public hearing for June 16, 2025, on the proposed
Development Agreement with Plastic Center, Inc. including
the issuance of Urban Renewal Tax Increment Revenue
Grant Obligations (TIF).
RESOLUTION Fixing The Date For A Public Hearing Of The
City Council Of The City Of Dubuque, lowa On A
Development Agreement By And Between The City Of
Dubuque, lowa And Plastic Center, Inc., Including The
Proposed Issuance Of Urban Renewal Tax Increment
Revenue Obligations Relating Thereto, And Providing For
The Publication Of Notice Thereof
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: June 16, 2025
ATTAC H M ENTS:
1. MVM Memo
2. Staff Memo
3. Development Agreement
4. Notice of Hearing
5. Resolution
Page 682 of 2490
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution Setting Public Hearing on a Proposed Development
Agreement with Plastic Center, Inc.
DATE: May 28, 2025
Economic Development Director Jill Connors is recommending City Council adopt a
resolution setting a public hearing for June 16, 2025, on the proposed Development
Agreement 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 $3.2 million to create
nine new residential rental units and restore the fa�ade of the structure.
2. City to award a Downtown Rehabilitation Grant in an amount not to exceed
$35,000 for costs associated with the restoration of the building's fa�ade.
3. City to award a Downtown Housing Creation Grant in an amount not to exceed
$90,000 ($10,000 per unit up to 9 units).
4. 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
$325,000.
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.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill Connors, Economic Development Director
Page 683 of 2490
Dubuque Economic Development
Department
THE CITY OF � 130o Main street
All-America City Dubuque,lowa 52001-4763
U� � ""�x�,`�`��``���`�'" Office(563)589-4393
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TTY(563)690-6678
� http://www.cityofdubuque.org
2007*2012�2013
Masterpiece on the Mississippi zoi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Resolution Setting Public Hearing on a Proposed Development
Agreement with Plastic Center, Inc.
DATE: May 28, 2025
INTRODUCTION
This memorandum presents for review and approval a resolution setting a public hearing
for a proposed Development Agreement by and between the City of Dubuque, lowa and
Plastic Center, Inc. for the redevelopment of 408 W 5t" Street.
BACKGROUND
Plastic Center, Inc., as Developer, intends to transform the property creating nine new
residential rental units. The project, utilizing historic tax credits and workforce housing tax
credits, will also restore the fa�ade of the building. The property, a highly visible anchor for
Dubuque's Cable Car Square District, has deteriorated significantly requiring complete
gutting and restoration.
DISCUSSION
Developer is proposing to create nine new residential rental units in the building and
restoring the fa�ade of the structure. The project will cost approximately $3.2 million and
represents a significant investment in the downtown area.
Key elements of the Development Agreement are as follows:
1. Developer to make a capital investment of approximately $3.2 million to create nine
new residential rental units and restore the fa�ade of the structure.
2. City to award a Downtown Rehabilitation Grant in an amount not to exceed $35,000
for costs associated with the restoration of the building's fa�ade.
Page 684 of 2490
3. City to award a Downtown Housing Creation Grant in an amount not to exceed
$90,000 ($10,000 per unit up to 9 units).
4. 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 $325,000.
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 City Councill adopt the attached resolution setting a public hearing for June
16, 2025 on the proposed Development Agreement including the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations (TIF).
2
Page 685 of 2490
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE C1TY OF DIJBUQUE, IOWA
AND
PLASTlC CENTER, INC.
This Development Agreement {Agreement), da�ed for reference purposes the
day �f , 2025, �s made and entered into by and between the
City of Dubuque, lowa (City), and PEastic Center, Inc. {Devefoper).
WHEREAS, Developer is the owner af the real estate locally known as 408 W 5�"
Street, Dubuqu�, lowa and lega[ly �escribed as follows (the Property):
The West �q7,5 feet of�he West 170 feet of Lo� 614 in the City of Dubuque, lowa,
accarding ta the Plat af the Su�vey thereof in Book of Plats #10 page 88, records of
DUbuq�ae County, lowa; and
Lot 46 in the Ci�y ofi Dubuque, fowa, according to the United States Commissioners'
Map of the Town of Dubuque; and
The East 11a feet of Lot 614 in the City af Dubuque, iowa, according ta �he Plat of the
Survey thereof in Book of Plats #10 page 88, records of Dubuque County, lawa.
; and
WHEREAS, the Property is located in the Greater powntown lJrban Renewal District
{the District)which has been so designated by City Cou�cil Resolut�on 123-67, on May 18,
�967 as a slum and bligi�ted area (the Project Area) defined by lowa Gode Chapter�03
(the Urban Renewal Law}; and
WHEREAS, De�eloper will Undertake the rede�elapment of a buildir�g (the Building)
located an the Praperty (the Project} and will be operating the same during the term of this
Agreement; and
WHEREAS, the Building is histarically significant and �t is in the C�ty's best interest
to preserve t�e Building; and
WHEREAS, pursuant to lowa Code Section 4D3.6(1), and in co�farmance with �he
Urban Renewal Plan for the Project Area adopted on May 18, 'f 967 and last amended on
April 21 , 2025, City has the authority to enter in�o contracts and agr�ements to implement
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the Urban Renewal Plan, as amended; and
WHEREAS, the Dubuque City CoUncil believes it is in the best interests of the City
ta encourage Developer�n the development of the Property by pro�iding cerkain incentives
as set forth herein.
NOW, THEREFORE,the parties to this Development Agreement, ir�consideratEon af
�he promises, covenan�s and agreements made by each other, do hereby agree as fallows:
SECTI4N 1. REPRESENTATlONS AND WARRANTIES
1.� Representations and Warranties of Cit� Ir� arder to induce De�eloper to en#er into
this Agreement, City hereby represents an�warrants ta De�eloper that to the best of City's
knowledge:
(1) City has duly abtain�d all n�cessary appro�als and consents for i�s execution,
deli�ery 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 o� closing confirming the
representatians contained herein, in the farm attached hereto as Exhibit A.
(2) City sl�all exercise 'tts best efforts to coaperate with De�eloper in the
development process.
(3) City shal! exercise its best efforts to resolve any disputes arising dUring the
develapment pracess in a reasanable and prompt fashion.
(4) The execut�an and deli�ery of this Agreement, the consummation of the
transactians cont�mplatecf hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not pre�ented by, {imit�d by, in conflict
with, ar result in a �iolation or breach of, the terms, conditions or provisions af the
char�er of City, any e�idence of indebtedn�ss, agreement or instrume�t ofwhate�er
natur� ta which City is now a party or by which it or its �roperty is bound, ar
canstitute a defauEt under any of�he foregoing.
(5) There are no actio�s, suits ar proceedings pending or threatened against or
affecting City in any cflurt ar befare any arbitratar or before or�y any gover�mental
body in which there is a reasona�le possibility of an adverse decision which could
ma�erially adversely affect the financial posifia� or operatior�s of City, or whicF�
affects the validity ofi the Agreement or City's abi�ity to pe�Form its obligations under
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Page 687 of 2490
this Agreement.
(6} No ordi�ance or hearing is now �efare any local governmenta{ body thaf
either contemplates or authorizes any pu�lic impro�ements or special tax levies,fit�e
cost of w�ich may be assessed agains# the Property. To the best of City's
knowledge, there are no plans ar efForts by any government agency to widen,
mo�ify, or re-align any street or highway providing access to the Proper�y and tf�ere
are na pending ar intended public impra�ements or special assessments affecting
the Property which will result in any charge or I�en be levied or assessed against the
Praperty.
{7) The representations and warranties contained in this section shall be correct
in all respects on and as of the Closing Date wifh t9�e same force and effect as if
such re�resentations and warranties f�ad been made on and as afthe Clasing Date.
(8) As of the date of this Agreement there has bee� prepared and appro�ed by
City an Urban Renewal Plan for the Project Area cansisting of the Urban Renewal
Pla� for the Greater powntown Urban Renewal Plan, most recently approved by
City Council af City on Apr�l 21, 2025, and as s�bsequently amended through and
irtcluding the date hereof, attached as Exhibit E (the Urban Rer�ewa{ Plan). A copy
of the Urban Renewal Plan, as constituted on fihe date of this Agreement and in the
form attached hereto, has been recorded among the land records in�he affice of the
Recorder of Dubuque County, fowa.
�.2 Representations and Warranties of De�eloper. The De�eloper makes t�e following
representations and warranties:
(1} De�eloper is an S Corporation duly organized and �alidly existing under fihe
laws of the Sta�e of New York and has all requisite power and autharity to awn and
aperate its properties, to carry on its business as now conducted and as presently
prQposed to be cand�cted, and ta enfer into and perfarm its abligations under this
Agreem�nf.
(2) This Agreement has been duly autharized, executed and delivered by
Developer and, assuming due autl�or�zatior�, execution and ckeli�ery by City, is in full
fiorce and effect and is a �alid and legally binding instrument of Developer
enforceabfe in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws refating to flr affecting creditors'
rights generally. De�eloper's caunsel shal! iss�e a legal opinion to City, at the time
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of closing, confirming the representations contained herein, in th� form attache�
hereto as Exhibit B.
�3) The execution and deli�ery af this Agreement, the consummation of the
transactians contempla�ed hereby, and the fulfillment af ar compliance with the
terms and canditions of tnis Agreement are not prevented by, iimited by, in conflict
with, ar result in a violation ar breach of, the terms, conditians or pro�isions af the
articles of incorporation or t�e bylaws af Developer or any contractual restriction,
e�idence of �ndebtedness, agreement or instrument of whatever nature to which
Developer is now a party or by which it or its praperty is bound, or constitute a
default under any of the foregoing.
(4) There are no actio�s, suits or proceedings pending or threatened against ar
affect�ng De�eloper in any court or befare any arbitrator or before or by any
go�ernmental bady in which there is a reasonable possibility of an ad��rse decision
which could materially a��ersely affect the business, financial position ar result of
operatians of De�elflper or which affects the validi�y af the Agreement or
Develaper's ability ta perform its obligatians under this Agreement.
{5) Developer wi�l perform its obligations under this Agreement in accordance
with t�e material terms of this Agreement, tl�e Urban Renewal Plan and all local,
sta#e and federal laws anc� regulations.
(6) De�eloper wilf use its best efforts ta obtain, or cause to �e abtain�d, in a
timely manner, all material requirements of all appiica�le local, state, and federa!
[aws and regulations which must be abtained or met.
(7) Developer has firm commitments for permanent financing fo�the Project in an
amount sufficient, together with e�uity commitments, to successfully complete the
requirements of this Agreement and shall provide evidenc� thereof to City prior to
the Pubfic He�ring.
� .3 CI_ osinq. The closing shall take place an the Closing Date which shall be the 3rd day
of June, 2fl25, or such oti�er date as the parties s�all agree in writing but in na event shall
the Closing Date be later than the 26ti� day af June, 2025. Consummation of the closing
shall be de�med an agreement of the partEes to this Agreement that the conditions af
closing shall have been satisfied or wai�ed.
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1 .4 Cond�tions to Closinq. The closing of the transaction contemplated by this
Agreement and all the oblEgations of Developer under this Agreement are subject to
fulfEllmenfi, on or before tk�e Closing Date, of the following conditions:
(1) The representations and warranties made �y City in Sec�ion 1.1 shall be
correct as o� the Clasing Date with the same farce and effect as if such
representa�ions were made at such time. At the closing, City shall deliver a
certificate to that effect in �he fo�m of Exhibit C,
(2) Developer s�all nave the right to terminate this Agreement at any time prior to
the consummation af the ciosing an the Closing Date if Devefoper determines in its
so�e discretian tl�at canditions necessaryforthe successful comp�etion ofthe Project
contemplated herein have not been satisfied in De�eloper's soke discretion. Upon
the gi�ing notice af termination by De�e{oper to City, this Agreement shall be
deemed n�ll and �oid.
(3) De�elo�er and City shall be in materEal cornpliance with al! the terms and
provisians of this Agreement.
{4) De�eloper shall have furnished City with evidence, prior to the Public
Hearing, in a form safisfactory ta City (such as a letter of commitment from a bank or
other lending institution), that De�eloper has firm financial cammitments in an
amount sufficient, together with equity commitments, to complete the Minimum
improvements (as defined herein) ir� conformance with the Constructian Plans (as
defined herein), or City shall have received such other e�idence af Developer's
financia] ability as City in its reasonable judgment Ci�y requires.
(5) De�eloper's counsel shal! issue a legal opinion ta Ci�y confirming the
representations contained herein �n fhe form attached hereto as ExY�ibit B.
(6) De�elaper shall deliver a signed acknowledgement committing to pra�ide and
maintain the insurance requirements as indicated in Section 5.6 of this Agreement in
the form attached hereto as Exhibit H.
1.5 City's Obligations at Clasing. At or priar to the Clasing Date, City shalf deliver to
Devefoper such other documents as may be required by this Agreement, all in a form
satis�actory to Developer.
SECTION 2. DEVELOPMENT ACT1VlTIES
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2.1 Re uired Mir�imum lm ravements. Deve[oper will make a capital investment of
approximately Three MiElion Two Hundred Thousand Dollars ($3,2�Q,OOO.aO) to imprave
the Bu�lding �the Minimum Improvemenfs}. The Minimum Impro�ements include creating
nine (9) new residential units and rehabilitating the Building farade, including doors and
windows,
2.2 Plans �or Constructian of Minimum Impro�ements. Plans and specifications with
respect to the development of fhe Property and the construction af the Minimum
Impra�ements thereon (the Construction Plans) shall be in conformitywith Urban Renewal
Plar�, this Agreem�nt, a�d all appkicable state and local laws and regulatians, including but
not fimifed to any covenants, conditions, r�strictions, reservations, easem�nts, liens and
charges, recorded in the records of Dubuque County, lowa. Developer shall submitto City,
for approval by City, �lans, drawings, specifications, and re{ated documents with respect to
the impravements to be constructed by Developer on the Property. All work with respect to
the Minimum Impro�ements shall be in substantial confarmity with the Construction Pl�ns
approved by City.
2.3 Timinq of Improvemer�ts. De�eloper hereby agrees fhat constructio�af the Minimum
kmprovements on the Praperty shall begin by ,�uly 1, 2025, and shall be substantially
completed by December 31 , 2026. 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 accurrence in gaod faith, which are the direct result of strikes, other labor
troubles, unusual shortages of materials or la�ar, unusually severe or prolanged bad
weather, acts of God, fire or other casualty to the Minimum Improveme�ts, litigatian
commenced by third parties which, �y injunction ar other similar judicial action or by the
exercise of reasanable discretian directly res�lts in delays, or acts of a�y federal, state or
local government which directly result in extraardinary 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 th� request of De�eloper upon
completion of�he Minimum fmprovements, City shall fumish Devefoperwith a� apprapriate
instr�ment so certifying. Such certification (the Certificate of Completion) shafl be in the
form attac�ed as Exhi�it I and shall be a conclusi�e determination of the satisfact�on of
Developer's obligatians to make the Minimum lmpro�ements under this Agreement ar�d
completion of the Minimum Impro�ements by Developer as required by �his Agreement.
2.5 Security Cameras. Developer shafl install security cameras an the exterior af all
buildings on the Praperty and register said cameras with the "Secure Dubuque Perso�al
Surveillance System" described at htt s:llcit ofdubu ue.or 1298a1Secure-Dubu ue.
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SECTIQN 3. CITY PARTICIPATION
3.1 Economic Develo�ment Grants to D��eloper. For and ir� consideratian of
De�eloper's obligations hereunder, ar�d in furtherance af the goals and objecti�es of the
urban renewal plan far the Project Ar�a and the Urban Renewal Law, City agrees, subject
to Develo}�er being and remaining in campliance wEth the�erms af this Agreement, to make
thirty(3d} consecutive semi-annual payments (s�ch payments being referred to collectively
as the Economic Development Grants) ta Developer:
No�ember �, 202$ May 1 , 2029
No�ember 1, 2029 May 1, 2Q30
No�ember 1, 2030 May 1, 2031
November 1, 2031 May 1, 2032
No�ember 1, 2032 May 1, 2033
November 1, 2033 May 1, 2034
November 1, 2034 May 1, 2035
November 1, 2Q35 May 1, 203fi
No�ember 1, 2036 May 1, 2037
Navember 1, 2037 May 1, 2038
Navember 1 , 2038 May 1, 2Q39
November 1, 2039 May 1, 2040
November 1, 204Q May 1, 2041
No�ember 1, 2041 May 1, 2042
November 9, 2042 May 1, 2Q43
pursuant to lowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to a
portian of the tax increment revenues collected by City under lowa Code Section 403.19
(without regard to any a�eraging �hat may otherwise be utilized under lowa Cade 5ection
4D3.19 ar�d excluding any interest that may accr�e thereon prior to payment to Developer)
during the preceding six-manth period in respect of the Minimum Improvements
constructed by Developer(the De�eloper Tax {ncrements). For purposes of cafculatEng the
amaunt of the Economjc Develapmer�t Grants pro�ided i� this Section, the Developer Tax
Increments shall be only those tax �ncrement re�enues collected by City in respect o#the
increase in th�taxable�alue af the Property abave the assessed �alue or� January 1, 2025
of Three Hundred Thirty-Two Thousand One Hundred Dollars ($332,100) (the Baseli�e
Valuation). Th� Developer Tax Increments shall r�ot 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-appro�ed physical plant and equipment le�y, (iii)the remaining actual amount ofi
tax increment revenues coflected �y Ci#y {n respecf of th�valuations of the Property prior fo
January 1, 2425 and (iv) any other portion requir�d to be excluded by lowa law, and thus
05022025ba1
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such inc�-ementai taxes will nat include all amoun�s paid by Developer as regular property
taxes.
3.2 Ta fund the Econamic Development Granfs, City shall certify to the Caunty priar to
December 1, 2026 its request for the availabfe Developer Tax lncrements resultir�g from the
assessments imposed by the Caunty as of January 1 of that year and each year thereafter
until and including January 1, 2043, to be callected by City as taxes are paid du�-ing the
foflowing fiscal year and which shal[thereafter be disbursed to the Developer on Novem�er
1 and May 1 of that fiscal year. (Example: i�City certifies in December, 2026,the Economic
De�elopment Grants in respect thereof woufd be paid to the Developer on November 1,
2028, �nd M�y 1, 2429.)
3.3 The �conomic De�e�opment Grants shall be payable from and secur�d sol�[y and
only by the Developer Tax Increments paid to City that, upon receipt, shall �e deposited
and h�ld in a special account created for such purpose and designated as the Plasfic
Center, Inc. TIF Account of City. City here�y co�enants and agrees to maintain its TlF
ordinance in force during the term hereof and to appEy the incremental taxes collected in
respect of the MiNmum Impro�ements and allacated to the Plastic Center, Inc. TIF Account
to pay the Ecanomic De�elo�ment Grants, as and to the extent set for�h in Section 3.1
hereof. The Economic Develapmen� Grants shall r�at be payable in any manner by other
tax i�crements re�enues, or by general taxation or from any other City funds. City makes
no representation with respect to the amounts fhaf may be paid to De�eloper as the
Economic De�elopm�nt Grants in any flne year and under no circumstances shall City �n
any manr�er be fiable #o Developer so long as City timely applies the De�eloper Tax
Increments actually collected and held in the Plastic Center, Inc.TIF Account(regardless of
the amounts thereof�to the payment of the Economic Development Grants to Deveioper as
and to th� exter�t described in this Section.
3.4 City shall be free to use any and all tax increment re�enues collected in respect of
other properties within the Project Area and �he remaining actual amount of the prape�-ty
taxes paid by Develaper to City, or any availab�e De�eloper Tax lncrements resulting from
the termination of the annuaf Eco�omic Development Gra�ts under Section 3.1 hereof, for
any purpose for which such tax increment revenues may lawfully be used pursuant to the
pravisions of�he Urban Renewal Law, and City shall have no obEigatians to Developerwith
respect to the use thereof.
3.5 Downtnwn Housing Incenti�e.
{1) City agrees to pravid� �o Deueloper on th� terms and canditians set farth in
the Down�own Housi�g Incentiv� Program attached hereto as Exhibit F, a grant in
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an amount �ot to exceed Ninety Thousand Dollars ($94,000.00) (the Hous�ng
Incentive Grant).
{2) Grant funds will nat be disbursed to Developer until Gity has issued a
Certificate of Completion for the Projec�. The Grant shall be paid in Ten Thousand
Dollar ($10,000.00} paymenfis for each apartment that receives a Certificate of
Completion up to a maximum af nine apartments. Prior to the disbursement of any
funds, De�eloper shall pravide evidence satisfactary to City that the Mir�imum
lmpro�ements have been com�leted in accordance with the Plans and other
documentation submitted to City with the Downtown Housing Assistance appiication.
3.6 Downtown Rehabilitation Grant. City agrees ta pro�ide a matching (1:1) grant (the
Downtown Rehabilitation Grant) not to exceed Thirty-Five Thousand Dolfars ($35,000) to
reimburse Devefoper for documented costs related to the following efigib�e activities: for
each parcel as follaws:
(1) Planning & Design predevelopment costs, arci�itectural and engineering fees and
other autharized soft casts associated with the rehabilitation of the Development
Property on �he terms and conditions set fort1� by the State Historic Preservation
Office, as set farth in Exhibit G.
(2) Fa�ade documented costs that improve the overall appearance of the
De�elopment Property, provided the Projec� meets the criteria o�the Fa�ade Grant
Program and on the terms and conditions setforth bythe State Historic Preservation
Office, �s set forth in Exhibit G.
(3) Financial Consultant dacumenfed costs related#o hiring a financial consultant to
e�aluate the Project's feasibil��y on the terms and conditians set fo�kt� in Exhibit G.
3.$ Payment of the Grants. The Grar�ts shall be payable as folfows:
(1) Any and al1 portions of the Grants shall be funded solely and only from
available Program funds;
(2} Prior to the release of any grant funds, (i} Developer shall ha�e submitted
documentation of its eligible expenses under the corresponding eligible acti�ity;
(3) City sl�all have issued a Certificate of Com�le�ior�; and
(4) The Grant funds shall be disbursed directly to Developer.
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SECTION 4. NON- APPROPRIATION I LIMITED SOURCE OF FUNDING.
4.1 Non-Appropriation.
{1) Notwithstanding anything in this Agreement to the contrary, the obligation of
City ta pay any installmen�of the Economic Development Grants fram the pledged
tax increrr�ent revenues s�all be an abligation limited to currently budgeted funds,
and not a general abligatian or other ind�btedness of City ar a pledge of its full faith
and credit within the meaning of any constitutional or statutory debt limitation, and
shall be subject in alf respects to the right of non-apprapriatian by the City Council
o#City as pravided in this Sectian. 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 withou# causing a termination of this Agreement. The right
of non-appropriation shall be exercised only by resalu#ion affirmatively declaring
City's elecfion ta non-appropriate funds otherwise required to be paid in the next
fiscal year under this Agreer�ent.
(2) !n the eventthe City Council of City elects to not appropriate sufficient fur�ds in
the budget for any fut�are fiscal year for the payment in full af the installments an the
Eco�omic Develapment Grants due and payable in that future fiscal year, then City
s�all have no further obligation to Emplayer or De�elopers for the payment pf any
installments du� in that future fiscal y�arwhich cannot be paid with �he funds then
appropriated for that purpose.
4.2 The right of non-appropriatian rese�ved to City in this Section is intended by the
parties, and shall be canstrued at all times, so as to ensure that Ci�y's obligation to pay
fufiure installments on the Ecor�omic Development Grants shall not constit�te a legal
indebtedness of City wit�in the meaning of any applicable constitutional or statutory debt
limitation prior to the adop�ion of a budget which appropriates funds for the payment af
that instaflment or amaunt. In the event that any of the pravisi�ns of this Agreement are
determined by a court of campetent jurisdiction to create, or result in the crea�ion of, such
a legal indebtedness of City, the enforcement ofi the said pro�ision shall be suspended,
and the Agreement shall at all times be canstrued and applied in such a manner as will
preserve ff�e foregoing inten# of the parties, and r�o e�ent of default shall be deemed to
ha�e occurred as a result thereof. lf any provision of this Agreement or the application
thereof to any circumsfance is so suspended, the suspension shafl not affect ather
provisians of this Agreement which can be given effect withou# the suspended provision,
and to this end fhe pro�isians of this Agreement are se�erable.
05022025ba1
Page 695 of 2490
SECTION 5. COVENANTS �F DEVELOPER
5.� The Minimum Impro�ements shaf[ confiorm tfl the U.S. Secretary of the Interior's
Standards for Rehabilitatian.
5.2. Operation of Propertv.
(1) Housinq Vouchers. For and in consideration of the Grant offered under this
Agreement, during the operation af the Development Properky as a rental residential
proPerty, Developer shall accept, or cause to be accepted, appl�cations from
prospective tenants with housing vouchers issued under the U.S. HUD's Section $
�oucher program or a similar program who are otherwise qualified prospecti�e
tenants. DevelQper sha�l nat deny any tenant a lease based on a public assistance
source af income. A public assistance source of income means incame and support
deri�ed from any tax supported federal, state or local funds, inciuding, but not limited
to, social security, supplemental securi�y incame, temporary assistance for needy
families,family invesfimenfi program, general relief,faod stam�s, and ur�emp�ayment
compensation, housing chaice voucY�er subsidies and similar rent subsidy programs.
This Section 5.2 shall survi�e the termination of this Agreement. If De�eloper or
Develo�er's successors or assigns violates the requirements of this Section 5,2 as
determined by the City Manager in the City Manager's sofe discretion after the
termination of this Ag�-eement, De�eloper or Developer's successors ar 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 af the Development Property as residential rental
property and during the term of this Agreement, na residential renta! unit shall be
leased to any tenant for an initial term of fewerthan thirty (30} days, and no partion
of the Development Properfiy may be used for short�term rental purposes. De�eloper
agrees to include similar prahibitions regarding short-terms rentals in each lease
agreement for eac� residential ren�al unit of the Development Praper�y during the
term of t�is Agreement. De�elaper fur�her agrees to include such prohibifians in
each ar�d every fease agreement for any residential rental unit of�he Deve�opment
Property for so long as any single residen�ia� rental unit of the Development Property
remains subject to the terms and conditions of this Agreement.
5.3 Books and Records. During �he ferm of this Agreement, Deve[oper shall keep at all
times and make availabfe to City up�n reasonable request proper baoks of record and
account in which full, true and correct entries will be made af af! dealings and transactions
of or in relatian to the business and affairs afi De�eloper in accardance with generally
05022025ba1
Page 696 of 2490
accepted accounting principles consistently applied throughout the period involved, and
Devefoper sY�all pro�ide r�asonable protection against loss ar damage to such books of
record and account.
5.4 Real Pro�ertv Taxes. De�eloper shall pay or cause to �e paid, when due, all real
pro�erty taxes and assessments payable with respect to ail and any parts of the Praperty
unlass D��elaper's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
5.5 No 4ther Exemptians. During the term of this Agreement, Developer agrees nat to
apply for any state or lacal property tax exemptions which are available with respect to the
Property or the Minimum lmpro�ements located therean that may now be, or hereafter
become, available under state law or city ordir�ance during the term of this Agreement,
inckuding those �hat arise under lowa Code Chapters 404 and 427, as amended.
5.fi Insuranc_e_Requirements.
{1) Developer shall provide and maintain or cause to be mainfiained at all times
during the process af construcfing the Minimum Impro�ements and at its sole cost
and expense b�ilder's risk insurance, written on a Comp{eted Value Form in an
amount equal to one hundred percent (140%) of the Building (including Minimum
I mprovements) replacement value when cons#ruction is completed, nam�ng City as a
lender�oss payable. Coverage shall include the "special perils"form and de�eloper
shal! furnish City with proof of �nsurance in the form o�a certificate of insurance.
(2) Upon completion of constructifln of the Minimum Improvements and up to the
Termination Date, Developer shall maintain, ar cause to be maintained, at its cost
and expense property insurance against loss andlor damage to the Building
(including the Minimum Improvements) under an insurance policy wrifiten with the
"special perils" farm and in an amount not less than the full insurable repiacemen�
�alue of the Building {including the Minimum ImproWements), listing City as lender
loss payable. Developer shall #urnis� to City proof af insurance in the form of a
certifica�e of insurance.
(3) The term "replacement value" shal! mean the actual replacement cost of the
�uilding with Min�mum Impravements (excluding foundation and exca�ation costs
and cosfs of underground ffues, pipes, drains and other uninsurable items) and
equipment, ar�d shall be reasonably determined from time to time at the request of
City, bu� not more frequently than once �very three {3} years.
05022025ba1
Page 697 of 2490
(4) Developer shall notify City immediately in the case of damage exceeding Fifty
Thousand Dollars ($50,Q00) in amount to, o� destruction of, t�e Minimum
Improvements or any portion thereof resulting from fire or other casualty. Net
praceeds of ar�y such insurance (Net Proceeds), shall be paid directly to Deveioper
as Ets interests may appear, and D�veloper shalf farthwith repair, reconstruct and
restare the Minimum lmprovements to substantially the same or an �mproved
condition or value as t�ey existed prior to the event causing such damage and, ta
the extent necessary to accomplish such repair, reconstruction and restoration,
Developer shall apply the Net Proceeds af any insurance relating to such damage
received by Developer to the payment or r�imbursement of ti�e costs thereof,
subject, howe�er, to the terms of any mortgage encumbering title#o the Property(as
its interests may appear). Developer shall complete the repair, reconstruction and
restoration of Minimum Impro�ements whether or nat the Net Proceeds of ins�rance
received by Developer f4r such purposes are sufficient.
5.7 Preservation of Propertu. During the term of this Agreemen�, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep, the Minimum
Improvements in goad repair and working order, ordinary wear and tear accepted, and from
�ime to time shall make all necessary repairs, replacements, r�enewals and additions.
5.8 Nan-Discriminatian. In carrying out the praject, Developers shall not discriminate
against any employee or applicant far employment because of age, colar, familial status,
gender identifiy, marital status, mentallphysical disability, national origin, race,
religion/creed, sex, or sexual orientation.
5.9 Confilict of In�erest. De�eloper agre�s that �o member, officer or empfoyee of City,
or its desEgnees ar agents, nor any consultant or mem�er of the governing body of City,
and no other pubfic ofFicial of City wha exercises or has exercised any functions ar
responsibilities with respect to the project during his or her tenure, or who is in a position to
participa�e in a decision-making pracess o� gain insider information with regard to the
project, shall have any interest, direct or indir�ct, in any cantract or subcontract, or the
proceeds thereof, for work to be performed in connection with the prolect, 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, D�vekoper shall ha�e the right ta re[y upan the
representations of any party with whom it do�s business and shall not be obligated to
perform any fUrther examinat�an into such party's backgraund.
5.10 Non-Transferabilitv. Until such time as the Minimum Improvements are complete (as
certified �y City under Secfiian 2.5), this Agreement may no#be assigned by Develaper nar
may the Property be transferred by Developer to another parky. Thereafter, with the prior
05022025ba1
Page 698 of 2490
writt�n cansent of City, which shall not be unreasanably withheld, De�eloper shall ha�e the
right to assign this Agreement, and upan assumption ofi the Agreement by t�e assignee,
Developer shall no longer be res�onsible for its abligations under this Agreement.
5.11 No chanc�e in Tax Classification. Develaper agrees that it will not take any action to
change, ar otherwise aliow, the classificat�on of the Property far prope�ty tax purposes to
become other than commercial property and to be taxed as such under lowa law. This
res�rictian shall terminate upon the termination ofthis Agreement. How�ver, Developer may
apply for a reclassification of the Property in the event lowa law is modified to allaw a
building containing faur apartments w�thin one building to be dassified as reside�tial for
property#ax purposes.
5.�2 Restrictians on Use. Develaper agrees for itself, an� its successors and assigns,
and e�ery successor in interest to the Property or any part thereaf, far the duration of this
Agreement, that they, and their respecti�e successors and assigns, shall:
(1) Devote the Praperty to, and only to and in accordance witl�, the �ses
specified in the Urban Renewal Plan (and City represents and agrees t�at use af the
Property as a restaurant and upper-story housing, is in fu11 compliance with the
Urban Renewal P�an) (�owe�er, De�eloper shall not ha�e any liability to City to the
extent that a successor in interest shall breach this co�enant and City shall seek
enforcement of this co�enant 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 impro�ements erected or to be erected
thereo�, or ar�y part thereof (hawever, Devefoper shall not have any liability to City
to the extent that a successor in interest shalf breach this co�enant and City shall
seek enforcement of this ca�enan� directly against the party in breach af same).
5.13 Compfiance with Laws. De�eloper shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rufes and regulations the failure ta comply wifh
or the sanctians and penalties resulting therefrom,would not ha�e a materia! adverse effect
an the business, property, operations, financial or atherwise, of De�eloper.
SECTION 6. EVENTS QF DEFAULT AND REMEDIES
6.1 Events of Defaui� Defined. The follflwing shall be Events of Default under t�is
Agreemenf and the term Event of Default shalf inean, whene�er it is used in this
Agreement, any one or more af the following events:
05022025ba1
Page 699 of 2490
(1) Failure by Developer to pay or cause to be paid, befare delinquency, a�l real
property taxes assessed with respect to the Minimum Improvemenfs and �he
Property.
(2) Failure by Developerto cause the construction ofthe Minimum Improvemenfs
to be commenced and completed pursuant to the terms, conditions and limita�ions of
this Agreement.
{3) Transfer of any in�erest by De�eloper of the Minimum Impro�ements in
violation of the provisions of this Agreement prior fo the issuance of the final
Certificate of Completion.
(4) Failure by Developer or City to substantially observe or perform any other
materEal covenant, condition, obligation or agreement on its parE to be abserved or
performe� under this Agreement.
6.2. Remedies on Default by De�eloper. Whenever any E�ent of Default refe�red to in
Section 5.'! af this Agr��ment o��urs and is �ontinuing, City, as sp�cified b�faw, may take
any one or mare of the fo�lowing actions afte� the gi�ing of written notice by City to
De�eloper (and the holder of any mortgage encumbering any interest in th� Property of
which City has been notified af in writing) of the E�ent of Default, but only if the E�ent of
Default has not been cure� within sixty (60) days following such notice, or if the Event of
Defau�t cannot be cured with�n sixty (60)days and De�eloper daes not�ravide assurances
ta City that the Event af Default will be cured as soon as reasonably possible thereafter:
(1} City may suspend its performance under this Agreement until �t receives
assurances from the Develo�er �eemed adequate by City, that the De�eloper will
cure i�s default and continue its performance under this Agreement;
(2) Until the Closing Date, City may canc�f and rescind this Ag�-eement;
(3) Until issuance of the Certificate of Completion, CE�y shafl be entitled ta
recoverfrom Developer the sum of a!I amounts expended by Ci�y in connection with
the funding of the Downtown Rehab Grant and Economic Developm�nt Grant to
Developer and City may take any action, including any legal actian it deems
necessary, to reco�er such amounts from the Developer;
(4) City may withhoid the Certificate of Completian; or
05022Q25ba1
Page 700 of 2490
(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 ta enfarce perforrnance and abserr�ance of any abligation, agreement,
or covenant �ander this A�reement.
6.3 No Remedy Exc[�si�e. No remedy herein conferred upon or reser�ed to City is
intended to be exclus�ve af any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to e�ery other remedy gi�en
under this Agreem�nt or now or hereaf�er existing at law o� in equity or by statute. No
delay or omissian to exe�cise any right or power accruing upon any defa�lt shall impair any
such r�ght or power or shall be construed to be a waiver t�ereof, but any such right ar�d
power may be exercised from time ta time and as often as may be deemed expedient.
6.4 No Implied Waiver. In the event any agreemen�contained in this Agreement shauld
be breache� by any party and thereafter waived by any other party, such waiver sf�all be
limited to the particular breach so waived and shall not be deemed ta waive any other
concurrent, pre�ious or subsequent bre�ch her�under.
6.5 Aqreement to Pav Attornevs' Fees and Expenses. If any action at law or in equity,
ir�cfuding an ac�ion for declaratory refief or arb�tratior�, is brought ta enforce or interpret the
,
provisions of this Agreement, the �revailing party shall be entitled to recover reasonable
attorneys' fees ar�d casts of litigation from the ather party. Such fees and costs of litigation
may be set by the caurt in the trial of such actian or by the arbitratar, as the cas� may be,
ar may be enforced in a separafe acfion braught far that purpos�. Such fees and costs of
litigatEon shall be in addit�on to any other relief that may be awarded.
6.6 Remedies on Default b Cit . lf C9ty defaul�s in the perfarmance of this Agreement,
Developer may take any action, including legal, �quita�le or adm�nistrati�e action that may
appear necessary or desirable to collect any payments due under this Agreement, to
recaver expenses of Developer, or to enforce performance and obser�anc� af any
a�ligation, agreement, or covenant of City under#his Agreement. Developer rr�ay suspend
their performance under this Agreement until they recei�e ass�trances from City, d�emed
adequate by Developer, that City wil! cure its defa�lt and continue its performance under
this Agreement.
SECTION 7. GENERAL TERMS AND PROVISIONS
7.1 Natices and Demands. Wheneverthis Agreement requires ar�ermifs any nofice or
written request by o�� party to anather, it shall be deemed to ha�e been properly given if
and when delivere� in person a�three (3) business days after having been deposited in any
05022425ba1
Page 701 of 2490
U.S. Postal Ser�ice ar�d sent by registered orcertified mail, postage prepaid, addressed as
fol{ows:
If to De�eloper: Tony Pfohl
Plastic Center, Inc.
290 Main Street
Dubuque, lawa 52001
With copy to: Kane Norby & Reddick, P.C.
Brian J. Kane
2100 Asbury Rd #2
Dubuque, IA 520Q1
If to City: City Manager
50 W. 13th Street
Dubuque, lowa 52401
Phone: �5�3} 5$9-4110
�ax: (563) 589-4�49
With copy to: Cify Attorney
City HaEI
50 W. 9 3th Streef
Dubuque IA 52001
or at such o#her address with respect to eith�r party as that party may, fram time to time
designate in writi�g and farward to the other as provide� ir� this Section.
7.2 Bindinq Effect. This Agreement shall be binding upon ar�d shall inure ta the �enefit
of City and Developer and their respecti�e successflrs and assigns.
7.3 Force Majeure. A party shalf be exc�sed from its abligations under this Agreement if
and to t�e extent and during such time as the par�y is prevented, impeded, or hindered,
unable to perForm its obligafions or is delayed in doing so due to events ar conditions
outside of the party's reasonable control and after the party has taken reasonable steps to
a�flid or mi#igate such event or its consequences (each a"Force Majeure E�ent") induding,
without limitation in any way, as t�e result o�any acts of God, war, fire, ar ather casualty,
riot, ci�il unrest, extreme weather cor�ditions, terrorism, strikes andlor fabar disputes,
pandemic, epidemic, quarantines, go�ernment stay-at-home orders, municipal and other
government orders, failure of Interne�, ar other matter beyond the canfrol of such party.
Upan the occurre�ce of a Force Maje�re E�ent, the par�y incurrir�g such �orc� Majeure
05022025ba1
Page 702 of 2490
Event will promptly give natice to the other parfy identifying the Farce Majeure Event,
explaining how it impacts performance and the estimated duration, identifying the relief
req�ested, agreeing to limifi damages to the other party and to immediately resume
performance upan terminatian of the Force Majeure Event, and agreeing to supplemer�t the
notice as more information becomes available, and thereafter the parties shall meefi and
canfer in good faith in order ta identify a cure ofi fhe condition afFecting its performance as
expeditiously as passi�le. No obligation ta make a payment required by this Agreement is
excused by a Force Maje�are E�ent. The nonperfa�-m�ng party shall not be entitled fio any
damages or additional �aymen�s of any kind for any such delay.
7.4 Termination Date. This Agreement and the rights and abligations of the parties
hereunder shall terminate on December 31, 2043 (the Term�nation Date}.
7.5 Execution bv Facsimile. The parties agree�hat fihis Agreement may be transmitted
between them by facsimile macf�ine. The par�ies intend�hat the faxed signatures constitute
original signatures and that a faxed Agreement containing the signatures(original orfaxed)
of all tl�e parties is bindfng on the par�ies.
7.G Memora_ndum of Development Aqreement. Developer shall promptly recard a
Memorandum flf Development Agreement in the form attached hereto as Exhib�t D in the
office of the Recorder of Dubuque County, lowa. De�eloper shafl pay the casts for sa
recording.
IN WlTNESS WHEREOF, City has ca�sed this Agreement to be duly executed in its
name and behalf�y its Mayor and attested to by {ts City Clerk and Deve�oper has caused
this Agreement to be duiy execu�ed on ar as af the first abo�e written.
CITY OF DUBUQUE, fOWA PLASTIC CENTER, 1NC.
� � ��� �
_— ,�_ � � _
B B ` f�j ` a!'"
Y Y
Brad M. Cavanagh, Mayor L. AnthQ�fohl, Director
Attest:
�5622D25ba1
Page 703 of 2490
Adrienne N. Breitfe�der, City Clerk
05022025ba1
Page 704 of 2490
LIST OF EXHIBITS
EXHIBIT A City Attorney's Certificate
EXHIBIT B Op�nion of Developer's Caunsel
EXHIBIT C City Cer�ificate
EXHIBIT D Memorandum of De�efopment Agreement
EXHIBIT E Urban Renewal Plan
EXHIBIT F Downtown Hausing Incentive Program
EXHIBIT G Planning and Design Grant Program, Fa�ade Grant Program, and
Financial Consultant Grant Program
EXHIBIT H Insurance Acknowledgment
EXHIBIT I Certificate of Completion
asa22ozsbat
Page 705 of 2490
EXHIBtT A
CITY ATTORNEY'S CERTIFICATE
oso22o2saa�
Page 706 of 2490
Barry A.Lindahl,Esq. ��b�q��
Senior CounseL THE CITY OF
Suite 330,Harbor View Place AIt�A�a4�W Cttg
3a0 Maiu Srreet ��� � � I' ,,I�
Dubuque,Iowa 52001-6944 � I 4
(S63}5$3-4113 office
(563)583-1040 fa�c 2oo7•2biz•2ai3
b�les��i��it�ofdubuaue.orr MasteYpiece on the 1Vlfssissippi 2Q17+�20�.9
(DATE}
RE:
Dear •
f have acted as counsel far the City of Dubuque, lawa, in cannectian with the executio� and
deli�ery of a certain Developmen#Agreemer�t between Plastic C�nter, Inc. (Developer)and
the City of Du�u�ue, lowa {City)dated for reference purpases 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 ar�d
perform its obligations under tf�is Agreement, and to the best �f my knawledge, the
representat�ons of the City Manager in his letter dated the day af , 20_, are
correct.
Very sincerely,
Barry A. Linda�l, Esq.
City Attorney
BAL:JLM
05022025ba1
Page 707 of 2490
EXHIBIT B
�PIN10N OF DEVELOPER'S COUNSEL
05022025ba1
Page 708 of 2490
Mayor and City Councilmembsrs
City Hall
13t" and Central A�enue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, lowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for P{as�ic Center, Inc., in connection wi�h the execution
and delivery of a cer�ain Develapment Agreement (Development Agreement) between
Developer and the City of Dubuque, lawa {City) dated far reference purposes the day
of , 20 ,
We ha�e examined the ariginal certified copy, or copies otherwise iden�ifEed to our
satisfactio� as being frue copies, of the De�elo�mer�t Agreemen� a�� such other
documents and records as we have deemec� rele�ant and necessary as a basis for the
opinions set forth herein.
Based on the pertinent law, the faregoing examination and such other inquiries as
we have deemed appropr�ate, we are of the opinion that:
1. Devefoper is a iimited liabili�y campany o�-ganized a�d existing underthe laws
of the State of lowa and has full power and autho�-ity to execute, deliver and perform in full
the Developm�nt Agreement. The Development Agreement has been duly anc! vafidly
authorized, executed and deli�ered by Developer and, assuming du� authorization,
execution and delivery by City, is in full fiorce and effect and is a valid and legal�y bin�ing
instrumer�t of Developer enfo�ceable in accordance with its terms, �xcept as the same may
be limited by bankruptcy, insol�ency, reorganiza#ion or other laws refating to or aff�cting
creditors' rights generally.
2. To our actual knowledge with n� duty ta inquire, the execution, delivery and
performance by De�eloper af the Development Agreement and the carrying out of the
terms thereof, will not result in violatifln of any provision of, or in default und�r, th� articles
of incorporation ar�d bylaws af Devefoper, any indenture, mortgag�, deec� of trust,
indebtedness, agreement,jud�ment, decree, order, statute, rule, regulation ar restrictian to
which De�eloper is a party or by which De�elop�r's property is bound or subject.
3. To aur actual knowledge with no duty to inquire, there are no actions, suits ar
05022025ba1
Page 709 of 2490
proceedings pending or threatened agaEnst or afFecting Developer in any court or before
any arbitrator or before or by any governmental body in which there is a reasonable
passibiiity of an adverse decisian which could materiakly adversely aifect the business
(present or prospective), financial posEtion or results of operations af D�vefoper or which in
any manner raises any questions affecting the validity of the Agreement orthe De�eloper's
ability to perform De�eloper's obligations thereunder.
This a�inion 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 va�id as of the date of this letter and we �ave no duty to
update this opinian for any matters which come to aur knowledge after the date of this
letter.
Sincerely,
OS022025ba1
Page 710 of 2490
EXHIBIT C
C1TY CERTIF[CATE
0502202Sbal
Page 711 of 2490
aUbUl'�1lL City Nianager's Office
THE CITY OF � C��'�aC]
50 West 13�Street
������ Dubuque,Iowa 52Q01-4864
�� � 1� ' (563)589-4110 office
� �� (563)589-4149 fax
ctymgr�cttyofdubuque.org
�OC}7«2Q12■2p13
Mast�t�piece on the Mississi��i zox�*2ox�
�DATE)
Dear �
l am the City Manager of the City of Dubuque, lowa and have acted in that capacity in
connection with the executian and del��ery af a certain Development Agreement between
Plastic Center, Inc, (De��lo�er) and the City of D�buque, lowa (City) dated for reference
purposes the day of , 20_
On �ehalf ofi the City of Dubuque, I hereby represent and warrant to De�eloper that:
(1) City has duiy obtained alf �ecessary approvals and consents for its execution,
deli�ery and perFormance of this Agreement and that it has full power and authority
to ex�cute, deliv�r and perform its obligations under this Agreement. Ci�y's attorney
s�all issue a lega! opinian to De��loper at time of clasing confirming the
represenfatian contained herein, in the fprm attached hereta as Exhibit B.
(2} C3ty shall exercise its best efforts to coaperate with D�velope� in t�e
development process.
{3) City shall exercise its best efforts ta resolve any disputes arising during the
development process in a reasor�able a�d prompt fast�ion.
(4) The execution and deli�ery af th�s Agreemen�, the consummation of the
transactions contemplated i�ereby, and the fulfillmen� af or compliance with the
terms and conditions of this Agreemen� are not prevented by, limited by, in conf{ict
with, or result in a �iolation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indeb�edness, agreement or instrument of whatever
nature to which City is now a party or by which it or its pro�erty is bound, or
const�tute a default under any of the foregoing.
05022025ba1
Page 712 of 2490
(5} There are no actians, suits ar proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmenfal
�ody in wh�ch there is a reasanabl� possibility of an ad�erse decision which could
materiaily adversely affect the financial �asition or operations of City or which affects
the validity af the Agreement or City's ability to perform ifs obligatior�s ur�der this
Agreement.
(6) No ordinance or hearing is now or before any local go�ernmental bady that
either contemplates or authorizes any pubfic impro�ements ar special tax le�ies,#he
cost of which may be assessed against the Praperty. Ta 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 ta the Property and there
are no ��nding or intended public improvements or special assessments affecting
the Praperty which will result in any charge or lien be levied or assessed against the
Property.
(7) The representations and warranties contained in this ar�icle shall be correct in
all respects on and as of the Closing Date with the same force and effect as if such
representat�ons and warranties had been made an and as of the Closing Date.
Sincerely,
Michasl C. Van Milligen
City Manager
MCVM:JLM
OS02202Sbzl
Page 713 of 2490
EXHIBIT �
MEMORANDUM �F DEVELOPMENT AGREEMENT
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Page 714 of 2490
Prepared by: Barry A. �irsdahi 300 Main Street 5uite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 304 Main 5treet Suite 330 bubuque IA 52001 563 583-�4113
MEM�RANDIJM OF DEVELOPMENT AGREEMENT
A De�elapment Agreemen� by and among the City of Dubuque, Eawa, an lawa munici�al
corporation, of Dubuque, lowa, and Plastic Center, Inc. was made regarding the following
desc�-ibed premises:
The West 1(}7.5 feet of the Wes# 17a feef of Lot 6'i 4 in the City af Dubuque, lowa,
according to the Plat of the Survey t�ereof in Book of Plats#10 page 88, records
of Dubuque Caunty, lowa; and
Lot 46 in th�e City of Dubuque, lowa, according ta the United States
Commissioners' Map of the Town of Dub�aque; and
The East 110 feet of Lot 6�4 in the City of Dubuque, lowa, according to t�e Pla�
of th� Survey thereof in Book of Pla�s#10 page 88, records of Dubuque County,
lowa.
The Development Agreement is dated for reference purposes the day af
, 20_, and contains covenants, conditions, and restrictiorts concerning the sale
and use of said premises.
Tl�is Memorandum of Develapment Agreement is recprded far the purpose of
constructive notice. �n the event of any canflict be�we�n the provisions of t�is
Memorandum and the Development Agreemen� its�lf, executed by the parties, the terms
and provisions of t�e Devebpment Agreement shall �revail. A complete counferpart of ti�e
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_.
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Page 715 of 2490
CITY QF DUBUQUE, IOWA
By
Barry A. Lindahl, Ser�ior Counsel
STATE O� IOWA )
) SS
COUNTY 4� DUBUQUE )
On this day ofi , 2a_, �efore me, a Notary Public in and for the State of
lowa, in and for said county, personally appeared Barry A. Lindahl, Esq., to me persanally
known, who being by me duly sworn did say that he is the Seniar Counsel of the City of
Dubuque, a Munic�pal Corporafian, created and exisfing und�r the laws of the State af
lowa, and said Senior Counsel acknowledged said instrument to be the free act and deed
of said Municipal Carporafion by it vol�nta�-ily executed.
Notary Public, State of lawa
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EXHIBfT E
URBAN RENEWAL PLAN
(on file in City Clerk's office, 5� W. 13ih Street, Dubuque, IA 52Q01}
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EXHIBIT F
DOWNTOWN HOUSING INCENTIVE PROGRAM
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Dubuque Econorr�ic Development D�part�ne��t
THE CITY OF � 50 West 13�h Street
������ Dubuque,Iowa 52001-4854
UB E �����..,�.
� �I �� Office(563} 589-4393
TTY(563) 690-6b78
2pa7�2012 http J/www.cityofdubuq�e.org
Mas terpiece on t�e Mississippi 2013�Zo;�
DOWNTOWN HOUSING INCENTIVE PROGRAM
Proj�cts eligible to receive assistance from this established poal of�unds must
meet the followiriq requirements:
• The project must assist in the creation of new market-rate downtown rental ant�lar owner-
occupied residential units within th� Greater powntown LJrban Renewal District(see
attached map) and have timely commencement&comp�etion dates identified,
• The project must be the rehabilitatian of an existing structure.
• Within tE�e Washington Neighbarhaod, rental units must be located above a commercial
cornponent on the first floor of the building unless t�e project is rehabilitating or reusing a
former church or schaoi building.
• Exterior alterations are subject ta design re�iew and approvaf. The Hrsforic Disfrict Guidelines
shall apply to projects located in Histaric Preservation District. The Dawntovvn Desrgn
Guidelines shall apply to all ather project locations. Projects which conform to the applicable
guidelines may be reviewec! and approved by the City Planner. Projects that do not strictly
canfarm ta the applicable guidelines wilf be forwarded fo the Historic Preservation Commission
{I�PC)for consideration. New constructian or substantial rehabilitation projects may also be
considered by the HPC. The process for revi�w is at the discretion of the City Planner.
Guidelines can be viewed and downloaded at httq:llcityofdubuque.arg11295lDesi,gn,-Guidelines.
• Any signs on the property that do not comply with City zoning regulations and design
guidelines must be included in the c�esign re�iew and improvec!to comply with applicable City
Codes. Submittal must inciude the design materials and co[ors that will be used on the sign
face, how the sign will be displayed, an� ar�y lighting proposed.
• A de#ailed renderingldraw�r�g of the proposed project mus#be included. The plans should
include dirnensions and architectural details and label materials. Plans prepared i�y a design
professianal {e.g. architect or draf�sperson) are strongly recommended. Applications without
detailed drawings will not b� considered complete and will not be accepted by theCi�y.
• Qe�iation from an approved praject plan may disqualify the praject from the program.
* City funded projects may be required to meet sound praofing, lighting, security, or other
standards—as de�ermined by the City of Dubuque followir�g an internal neighborhood impact
study—particularly when units are located in mixed-use neighborhaods.
05Q22025ba1
Page 719 of 2490
• Preference will be gi�en to projects that also utilize Federal andlor Sta�e Historic Tax
Cred its.
• Na mare than $10,000 in assistance will be considered per residential unit.
• [n general, no more than $750,000 will be pro�ided to a singl�project.
• �!o de�eloper #ee will �e permitted until a!f city assistance is paid or satisfied in full,
• The City wiEl disburse cammitted funds after the praject is complete and a Cer�ificate af
Occupancy has been provided for the housing units.
• A minimum of 2 new housing units must be created in the praject.
• Owner of pr�perty must certify that all property in the City of Dubuque, for which the owner has
any interest, complies with all applicabie City af Dubuque ordinances and regulations,
including, bu� nat]imited to, housing, building, zoning, fire, health, and �acant and abandaned
building regulations.
• Applicatians will be re�iewed monthly by the Re�iew Committee, consisting of at least ane
representative from the City's �conomic Development, Planning, and 8uiiding 5ervices
Departments. The Review Committee will score each application and wili fund projects that
meet the program criteria and are ready to commence within three mon#hs.
Page 720 of 2490
EXHIB�T G
DOWNTOWN REHABILITATION GRANT PROGRAM
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Page 721 of 2490
Downtown Rehabilitat�on Grant Program
PROGRAM GUIDELlNES
{Zo24}
T�e Downtown Rehabilitation Grant Program is designed to fur#her the goals and
objectives of the Greater pownfown Urban Renewa! P{an by creating ff�e financial
incenti�es nesded to �liminate conditions of blight, encourage revitalization efforts and
to retain ar create employment opportunities andlor new housing units within t�e district.
This program will ad�ress building code deficiencies as par� of each approved project.
El�gible Applicants: Owners of propertywithin the Greater powntown Urban Renewal
DistrEcf (map attached}.
Grant Award: The grant is a 1:1 matching grant up fo a maximum of Thirty-Fi�e
Thousand Dollars ($35,000).
Eligibfe Acti�ities
and Assistance: �aCade Costs —to pro�ide assistance on labor or mafierial costs
for f�ont (or accasionally other major) fa�ade renovations to
restare a building's hisforic appearance or eliminate inappropriate
additions or alterations ta impro�e o�erall appearance.
Financial Consultant Costs —to provide assistance on hiring a
financial consuftant used to analyze t�e feasibility of a project.
Planning & Design Grant Program — to provide assistar�ce on
�re-de�elopment costs associated wi�h a project.
FOR MORE lNFORMATION, please confiacfi:
City of Dubuque Economic De�e{opment Department
50 West 13th Street, D�buque, lowa 52Q01
(563} 589-4393
37
Page 722 of 2490
GeneraE Canditions:
• Property m�st be located in Greater powntown LJrban Renewal Dis#rict (see attached
map) and with timely commencement & compfetion dates identified.
• Prajects must be the rehabilitation of an existing s�ructure.
• Property m�st be classified for tax purposes as a comrr�ercial or multi-residential
property.
• Ali existing code deficiencies within a scope of a project must be corrected and new
improvements must comply with all applicable codes and ord�nances.
• Owr�er of properfy must certify #hat all property in the City of Du[�uque, for which the
awner has any interest, complies with all a�plicable City of Dubuque ordinances and
regulations, including, but na# Eirnited to, �ousing, building, zoning, fiire, health, and
vacant and abandoned building regulations.
� Exterior alterations are subject #o design revi�w and appro�al. Tl�e Hi�toric Distric#
Guidelines shall apply tfl projects lacated in Flistoric Preservation Districts. The
Downtown Desigr� Guidelines shall apply to all other project locations. Projects which
canform to the applicable �uidelines may be reviewed and appro�ed by the City
Planner. Prajects that do not strictly conform to the applicable guideiines will be
forwarded to the Histaric Preservation Commission(HPC�for consideration. Substantial
rehabilitation projects may also be considered by the HPC.The process for review is at
the discretio� of the Gity Planner. Guidelines can be viewed and downloaded at
http:llci�yofdubu�ue.org11295/Desiqn-G�idelines.
• Any signs on the property that do not comply with City zoning regufations and design
guidelines must be included in the design re�iew and impraved t� comp[y with
applicable City Codes. Submittal musf include the design mat�rials and colors that will
be used on t1�e sign face, how the sign will be displayed, anci any lighting proposed.
• A detailed renderingldrawing of t�e proposed project rr7ust be included. The plans
should include dirr�ensions and architectural details and label materials. Plans prepared
by a design profess�onal (e.g. architect or draftsperson) are required. Applications
without detailed drawings will �ot be considered camplete. Only preliminary eligibility
may be determined until professional cfrawings are submitted.
� Applicant will not be reimbursed for persanak labor costs or labor costs of family
members, nar can these costs be counted in the tota� project costs.
• Prajects may not recei�e the maximum amounf af each form of ass�stance more than
once.
• Deviation from an appro�ed project �lan shal! disqualify the project from the program.
• City funded projects may be required to meet sound proofiing, lighting, security, or ather
standards —as determined by the City of Dubuque, in its sole discretion, following an
interna� neighborhood impact study — particularly when units are located in mixed-use
neighborhoods.
+ Applications will be reviewed quarterly by the Economic Developrr�ent and Pianning
departmen�with funda awarded to prajects that rneet the program criteria and are ready
ta cflmmence within three months.
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Page 723 of 2490
FACADE 1NFORMATION
This program pravides f�n�ing in t�e Greater powntown Urban Renewal District far front
(or occasionally other major) fa�ade renovation ta restor� #he fa�ade to i�s historic
appearance or impra�e the overall appearance. This assistance is intended to address
historically inappropriate exteriors. It is not irtfended to address normal b�ilding
maintenance.
Specific Conditions:
• Reimbursement is for labar and material costs associat�d with fa�ade
improvements, including but not limited ta, rehabilitating or impraving windows,
pain�, signage, or awnings to sign�ficantly transform o�erail appearance.
e Landscaping or screenEng with fencing or retaining walls may be a reimbursable
expense if a determinatian is made that property is impraved adjacent to public
right-af-way.
• In order to receive reimbursement for repoin�ir�g, a martar analysEs sampie may
be requested fa�each farade thatwill be repointed. The a�plicant must a�here
to th�e results of that analysis in their rehabilitation work as part of their approved
project plan. The City may request�erifiication that the new mortar matches the
resuEts of the mortar analysis.
• Language fram the National Park Service Techn�cal Preserva�ion Services Briefs
may be attached as a candifion for a building permit if the applicant chooses �o
perform repainting on the praject.
� Reimbursable exp�nditures must �e docurnented.
• Funding will be disbursed upon completion of work at a 1:1 match o� qualified
costs.
Appro�al Process:
1. Design review by the Cify Planning Department andl�r the Historical Preservation
Commission is required for ext�rior work on th� praject.
2. Grant applications wili be reviewed by City staff Review Commit�ee and approved by
the City Manager.
3. Funding wilf be disbursed upon staff review of documen�ed expenditures and
inspection of a completed project.
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Page 724 of 2490
FINANCIAL CONSULTANT INFORMATlON
This program pro�ides funding in �he Greater powntown Urban Renewal District�or hiring a
financial consultant to analyze the feasibility of projects.
Specif�c Conditions:
� Reimbursement is for fees associated with hiring a professiona! financial
cansultant (i.e. accountant, attarney, tax cr�d�t consultant}
• Reimbursable expenditures mus� be documented.
• This fiinancial consulta�t fiunding shall not exceed ten percent (1�°/a) af total
project costs.
• The rehabilitatior� project must be completed for the Financiaf Consultant costs
to be reimbursed.
• Funding will be disbursed upo� completion of work at a 1:� match of qualified
costs.
Approval Process:
1. Design review by the City Planning Department andlor the Historical Preservation
Cammission is required for exterior work on the praject.
2. Grant applicatians wi{I be reviewed by City staff Review Commiitee an� approved by
the City Manager.
3. Funding will be disbursed upon staff review of documented expend�tures and
inspection of a completed praject.
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Page 725 of 2490
PLANN�NG & DESIGN �NF4RMATION
This program provides f�nding in the Greafer powntown Urban Renewal District�or hiring
architects, engineers or other prafessional services used prior to construction.
Granfi Specific Conditions:
• Reimbursement is for architectural and engineering fees, feasibility studies,
en�ironmenta{ assessments or ather related soft costs.
• Reimbursable expenditures must be documented.
• Owner 1 developer fees are not permitted as reimbursabie expenditures.
• TY�e planning and desigr� funding shall not exceed ten percent (10%) of total
praject costs.
• Funding will be disbursed �apon campletion of the project at a 1:1 match of
qualified costs.
Approval Process:
1. Design re�iew by tYte City Pianr�ing Department andlor the Historical Preservation
Commission is required far exterior work on the project.
2. Grant applications will be reviewed by Ci�y stafF Review Committee and approved by
the City Manager.
3. Funding will be disbursed upon staff review of documented expenditures and
inspection of a completed project.
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Page 726 of 2490
EXHIBIT H
INSURANCE ACKNOWLEDGMENT
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Page 727 of 2490
Acknowledqment of Insurance Requirements
Section 5.6(1} of the D�velapment Agreement provides:
(1) Developer shall pro�ide and maintain or cause to be maintained af all times
during the pracess of ca�structing the Minimum lmprovemen�s and at its sole cost and
expense builder's risk insurance, written or� a Completed Value Form in an amaunt
equal to one hundred percent (100°/o) of the Building {including Minimum
Improvements) replacement �alue when construction is completed, naming City as a
lender loss payable. Co�erage shall include the "special perils" form and deve�oper
shall furnish City with proof of insurance in the form of a certificate of ir�surance.
of insurance in the form af a certificate af insurance.
Deve[oper specifically acknowledges that replacement va{ue means on� hun�red
percent of fihe replacement value wt�en construction is completed, that the City must be
named as lender lass payable, and that evidence of builders risk must be pro�ided prEor
to closing.
� .
� �. ���-�
��- �
l ,��;
By: L. A�ony Pfohf, Director
43
Page 728 of 2490
EXHIBIT I
CERTIFlCATE OF COMPLETI�N
44
Page 729 of 2490
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, lowa, a municipal corporation (the °Granta�"), has
granted incenti�es to Plastic Center, Inc. (the °Grantee°), in accordance with a
Development Agreement dated as of[Date] (the"Agreement"), by and amar�g tne Grantor,
and the Grantee (col�ectiv�ly, the "Agreement"), certain reaf prope�ty locafed within the
Greater powntown llrban Ren�wal District of the Grantor and as more particuiarly
described as follaws:
The West 107.5 feet nf the West �70 feet of Lot 614 in the City of Dubuque, lowa,
according to the Plat of the Survey thereaf in Book of Plats#'10 page 88, records
of D�abuq�e Caunty, lowa; and
Lot 46 in the City of Du�uque, lowa, according to the United States
Commissianers' Map of the Town of Dubuque; a�d
The East 110 feet of Lot �14 in the City of Dubuque, lowa, acco�ding ta the Plat
of the Sur�ey thereof in Book af Piats#10 page 88, records of Dubuque County,
lowa.
(the "Devefopment Property"); and
WHEREAS, said Agreement Er�corporated and contained certain co�er�ants and
co�ditions with respect to the rehabilitation of the DeWelopment Properky, and ob[igated the
Grantee to construct cer�ain Minimum Improvements (as defined therein) ir� accordance
with the Agreement; and
WHEREAS, the Grantee has to �he present d�te perFormed said coven�nts �nct
conditions insofar as they relate to the construction of the Minimum Improv�ments in a
manr�er �eemed sufficient by the Grantor to permit the execution and recording af this
certifcatior�; and
45
Page 730 of 2490
N�W, THEREFORE, pursuant to Section 2.4 af th�Agreemenf, 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
Dev�lo}ament Proper�y 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 i�ere�y autharize�to accept for recording and
to record the filing of this instrument, ta be a conclusive determination af the satisfac�ion of
the covenants and conditions as set fiorth in said Agreement, an�that the Agreement sl�all
otherwise remain in full force and effect,
(SEAL) CITY QF DUBUQUE, IOWA
By:
Mike Van Milligen, City Manager
STATE OF IOWA }
) SS
COUNTY �F DUBUQUE )
On this day of , 20_, before me, the undersigned, a Notary Public
in and for the State ofi lowa, personally appeared and acknowledged
sai� execution of the instrument to be hislher voluntary act and deed.
Notary Pu�lic in and for
Dubuque County, lowa
46
Page 731 of 2490
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 16th day of June, 2025, at 6:30 p.m., in the Historic Federal Building, 350
W. 6t" Street, 2nd floor, Dubuque, lowa, at which meeting the City Council proposes to
take action to approve a Development Agreement between the City of Dubuque, lowa
and Plastic Center, Inc., a copy of which is now on file at the Office of the City Clerk, City
Hall, 50 W 13th Street, Dubuque, lowa, 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 powntown Urban Renewal Area Economic Development District,
consisting of the funding of economic development grants for Plastic Center, Inc., under
the terms and conditions of the Urban Renewal Plan for the Greater powntown 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 $325,000.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official City Council agenda will be
posted the Friday before the meeting and will contain public input options. The agenda
can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City
Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to the City Clerk's Office by
email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13t" 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 lowa by dialing 711 or (800)
735-2942.
Published by order of the City Council given on the 2nd day of June, 2025.
Adrienne N. Breitfelder, CMC, City Clerk
Page 732 of 2490
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. I P St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 193-25
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 PLASTIC CENTER, INC., INCLUDING THE PROPOSED ISSUANCE
OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING THERETO,
AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, Plastic Center, Inc. is the owner of the following described real property, locally
known as at 408 W 5th Street:
The West 107.5 feet of the West 170 feet of Lot 614 in the City of Dubuque, Iowa,
according to the Plat of the Survey thereof in Book of Plats #10 page 88, records of
Dubuque County, Iowa; and
Lot 46 in the City of Dubuque, Iowa, according to the United States Commissioners'
Map of the Town of Dubuque; and
The East 110 feet of Lot 614 in the City of Dubuque, Iowa, according to the Plat of
Survey thereof in Book of Plats #10 page 88, records of Dubuque County, Iowa.
(the Property); and
Whereas, the City of Dubuque and Plastic Center, Inc. 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 the Property; 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 Plastic Center, Inc.; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue 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 THAT:
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 approve
the Development Agreement, including the authorization of Urban Renewal Tax Increment
Revenue Obligations, to be held on the 16th day of June, 2025 at 6:30 p.m. The official agenda
will be posted on Friday, June 13, 2025 and will contain listening, viewing, and public input
options. The City Council agenda may be accessed at https://dubuqueia.portal.civicclerk.com/
or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of approving the Development Agreement, including authorizing Urban Renewal
Tax Increment Revenue Obligations, with Plastic Center, Inc., 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 Greater Downtown Urban Renewal District, consisting of the
funding of economic developments grants to Plastic Center, Inc. pursuant to the Development
Agreement. It is expected that the aggregate amount of the Tax Increment Revenue
Obligations to be issued will be approximately $325,000.
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 shall be in substantially the form attached
hereto.
Passed, approved, and adopted this 2nd day of June, 2025.
Attest:
17
Adrienne N. Breitfeld r, City Clerk