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Approving the First Amendment to the Development Agreement with Greater Dubuque Impact Investment Fund for the Redevelopment of 1550 Elm StreetCity of Dubuque City Council ACTION ITEMS # 1. Copyrighted January 5, 2026 ITEM TITLE: Approving the First Amendment to the Development Agreement by and Between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund for the Redevelopment of 1550 Elm Street SUMMARY: City Attorney recommending City Council adopt the attached resolution approving a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund for the redevelopment of 1550 Elm Street in Dubuque. RESOLUTION Approving The First Amendment To The Development Agreement By And Between The City Of Dubuque And Greater Dubuque Impact Investment Fund SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. CB Memo 2. Staff Memo 3. 1 st Amendment 4. Resolution of Approval Page 525 of 567 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Crenna Brumwell, City Attorney SUBJECT: Approving the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund for the Redevelopment of 1550 Elm Street DATE: December 30, 2025 Economic Development Director Jill Connors is recommending City Council adopt the attached resolution approving a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund for the redevelopment of 1550 Elm Street in Dubuque. Due to conditions on the Property identified after execution of the Development Agreement — specifically, the confirmation of responsibility for removal of a downed building, which the City has agreed to undertake — the Developer has requested extensions to several deadlines set forth in the Development Agreement. The proposed First Amendment to Development Agreement includes the following modifications: • The Closing Date has been changed from September 10, 2025 to January 17, 2026, or on such other date as the parties may mutually agree, but no later than the January 31, 2026. • The City agrees to remove the downed building identified in a new Exhibit J. • Requirements related to the type and level of insurance needed during the project have been modified, as approved by City staff. I concur with the recommendation and respectfully request Mayor and City Council approval. CB:sv Attachment cc: Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Page 526 of 567 Dubuque Economic Development Department THE CITY OF hCall 1300 (wain street All•AmerinCily Dubuque, Iowa 52001-4763 UDw " Office (563) 3 1 1111 � r TTY (563) 690-6678 0-6678 http://www.cityofdubuque.org 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Crenna M. Brumwell, City Attorney FROM: Jill Connors, Economic Development Director SUBJECT: Approving the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund for the Redevelopment of 1550 Elm Street DATE: December 30, 2025 INTRODUCTION This memorandum is a request for the City Council to adopt the attached resolution approving a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund. BACKGROUND The Greater Dubuque Impact Investment Fund is a non-profit community development organization designed to coordinate difficult or complex redevelopment projects that are critical to the prosperity of the greater Dubuque community. Using Impact Investment principles, where multiple sources of funds come together to achieve social impact and economic return, it will support project funding, coordinate implementation strategies, advocate for property redevelopment and coordinate the collaboration of public and private entities. The Greater Dubuque Impact Investment Fund (Developer) has analyzed critical challenges and opportunities for the Greater Dubuque region, one of which is the redevelopment of 1550 Elm Street (the Property). The Property is part of a formerjunkyard, which makes its redevelopment challenging from an environmental, process, and financial standpoint. For this reason, the Developer has decided to step in to advance the redevelopment of the Property. The City of Dubuque, Iowa, and Greater Dubuque Impact Investment Fund entered into a Development Agreement for the redevelopment of the Property on September 2, 2025. DISCUSSION Due to conditions on the Property identified after execution of the Development Agreement — specifically, the confirmation of responsibility for removal of a downed building, which the Page 527 of 567 City has agreed to undertake — the Developer has requested extensions to several deadlines set forth in the Development Agreement. The proposed First Amendment to Development Agreement includes the following modifications- • The Closing Date has been changed from September 10, 2025 to January 17, 2026, or on such other date as the parties may mutually agree, but no later than the January 31, 2026. • The City agrees to remove the downed building identified in the photo exhibit below and per a new Exhibit J. r r 1 NNV • Requirements related to the type and level of insurance needed during the project have been modified, as approved by City staff. BUDJECT IMPACT The estimated cost to remove and dispose of the collapsed building section is approximately $50,000 and the City has sufficient funds available in Project CIP No. 5586500013 to complete this work in the spring of 2026. RECOMMENDATION I recommend the City Council adopt the attached resolution approving the First Amendment to Development Agreement by and between the City of Dubuque, Iowa and Greater Dubuque Impact Investment Fund for the redevelopment of 1550 Elm Street in Dubuque. K Page 528 of 567 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND GREATER DUBUQUE IMPACT INVESTMENT FUND This First Amendment to Development Agreement, dated for reference purposes the 5''' day of 2026, is made and entered into by the City of Dubuque, Iowa, a municipality (City), established pursuant to the Iowa Code and acting under authorization of Iowa Code Chapter 403, as amended (the Urban Renewal Act), and Greater Dubuque Impact Investment Fund, an Iowa nonprofit corporation (Developer). WHEREAS, the City of Dubuque, Iowa ("City") and Greater Dubuque Impact Investment Fund ("Developer") entered into a Development Agreement dated September 2, 2025 (the "Development Agreement") with respect to real estate legally described as: Lots 182, 183, 184, 185 & 186 East Dubuque Add, locally known as 1550 Elm Street (the Property) and WHEREAS, City and Developer desire to amend the Development Agreement to adjust certain dates of performance and related matters; and WHEREAS, the parties have reached agreement on the terms of an amendment and desire to set forth their agreement regarding the amendments in writing. NOW THEREFORE, in consideration of the mutual terms and conditions herein and in the Development Agreement, the parties agree as follows: SECTION 1. Section 1.1 is hereby amended to read as follows: 1.1 Purchase Price. The purchase price for the Property (the Purchase Price) shall be One Hundred Seventy -Four Thousand Eight Hundred Dollars ($174,800) (for 0.59 net usable acres) which shall be due and payable by Developer in immediately available funds in favor of City, on or before January 17, 2026, or on such other date as the parties may mutually agree (the Closing Date) but in no event shall the Closing Date be later than the 31s' day of January, 2026. 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. 12132025bal SECTION 2. The Development Agreement is hereby amended by adding thereto a new Section 3.4: 3.4 Building Deconstruction. Prior to closing or on or before May 1, 2026, City shall, at its cost, remove the downed building identified on Exhibit J. Removal shall include removal of the entire structure and any foundation. SECTION 3. Section 5.4(1) is amended to read as follows: 5.4 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, from time to time at the request of City, furnish City with proof of insurance in the form of a certificate of insurance for each insurance policy): Upon commencement of construction of the Minimum Improvements, all risk builder's risk insurance, written on a Completed Value Form in an amount equal to one hundred percent (100%) of the replacement value of the then completed construction, naming City as lender loss payable. Developer shall provide notice to the City thirty (30) days prior to commencement of construction and shall update the value of completed construction on a schedule agreed to with City and update the amount of all risk builder's risk insurance as agreed with City. SECTION 5. Except as modified herein, the terms of the Development Agreement shall govern the rights and obligations of the parties with respect to the Project and the Property. SECTION 6. Exhibit I of the Development Agreement is hereby stricken and placed in lieu thereof is the following: EXHIBIT I INSURANCE ACKNOWLEDGEMENT Acknowledament of Insurance Reauirements Section 5.6(1) of the Development Agreement provides: (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 then completed construction of improvements (including Minimum Improvements) replacement value as set forth in 12182025ba1 Page 530 of 567 paragraph 5.4(1), 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. Developer specifically acknowledges that replacement value means one hundred percent of the replacement value of the then completed construction, that the City must be named as lender loss payable, and that evidence of builder's risk must be provided prior to closing. CITY OF DUBUQUE, IOWA GREATER DUBUQUE IMPACT INVESTMENT FUND By: Aeuin I. ,Cw-w- P�. Kevin Lynch, President By: Brad M. Cavanag �,Mayor Attest: Adrienne N. Breitfelder, tity Clerk 12132025bal EXHIBIT J DOWNED BUILDING 12182025ba1 Page 532 of 567 Prepared by Jill Connors, Economic Development, 1300 Main St., Dubuque IA 52001 (563) 589-4393 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 10-26 RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND GREATER DUBUQUE IMPACT INVESTMENT FUND WHEREAS, the City of Dubuque and Greater Dubuque Impact Investment Fund (Developer) previously entered into a Development Agreement dated the 2nd day of September, 2025 (the Development Agreement); and WHEREAS, City and Developer now desire to amend the Development Agreement as set forth in the First Amendment to Development Agreement attached hereto to adjust certain dates of performance and related matters. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the First Amendment to Development Agreement between the City of Dubuque, Iowa, and Greater Dubuque Impact Investment Fund, a copy of which is attached hereto, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to sign the First Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of January, 2026. Brad M. C awn gh, Mayor Attest:^ �J" P- Adrienne N. Breitfelder, City Clerk