Weaver Castle_1576 Locust St. - Development Agreement_Stepflug_Public Hearing Copyright 2014
City of Dubuque Public Hearings # 3.
ITEM TITLE: 1576 Locust St. - Development Agreement
SUMMARY: Proof of Publication on notice of public hearing to approve the
Development Agreement with with Chris and Gary Stelpflug for
redevelopment of property located at 1576 Locust Street into three
apartments and the City Manager recommending approval.
RESOLUTION Approving a Development Agreement Between the City of
Dubuque, Iowa and Weaver Castle, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Weaver Castle Development Agreement for 1576 Locust Street-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Development Agreement- 1576 Locust St. Supporting Documentation
❑ Resolution Resolutions
❑ Proof of Public Hearing 1576 Locust Supporting Documentation
THE Cli Y OF
DUB
Masterpiece on the Mississippi
BARRY LINDA
CITY ATTORNEY
To:
Kevin Firnstahl
City Clerk
z//05
MEMORANDUM
DATE: June 4, 2015
RE: Weaver Castle LLC Memorandum of Development Agreement
(1576-1578-1580 Locust Street)
Enclosed for your file is the original Weaver Castle LLC Memorandum of Development
Agreement, recorded on May 28, 2015 as Instrument No. 2015-00006490.
I will retain a copy in our file.
Thank you.
BAL:tls
Attachment
cc: Maurice Jones, Economic Development Director
F:\USERS\tsteckle\Lindahl\Weaver Castle LLC 1576-1578-1580 Locust\Firnstahl RecordedMemoOfDA 060415.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Development Agreement with Weaver Castle, LLC to Redevelop Property
at 1576 Locust Street
DATE: March 31, 2015
Economic Development Director Maurice Jones recommends City Council approval of a
Development Agreement with Chris and Gary Stelpflug for redevelopment of the
property located at 1576 Locust Street into three apartments.
The key elements of the Development Agreement are:
1. The project will receive $30,000 in incentives through the Downtown Housing
Incentive Program.
2. Fagade, Design and Financial Planning grants totaling up to $35,000 will be
utilized with this project.
3. Weaver Castle, LLC must redevelop 1576 Locust Street at a cost of
approximately $300,000 by no later than October 31, 2015.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
�t
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmericaCitY Dubuque,Iowa 52001-4864
DUB36kE1 ' Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Development Agreement with Weaver Castle, LLC to redevelop
property at 1576 Locust Street
DATE: March 30, 2015
INTRODUCTION
This memorandum presents for City Council consideration of a Development
Agreement for the property located at 1576 Locust Street.
BACKGROUND
The Bluff/Locust area has been identified as a pocket neighborhood in need of
reinvestment. The City Council expanded the Downtown Urban Renewal District in
2010 to include this neighborhood in hopes of encouraging reinvestment in this area.
Chris and Gary Stelpflug, via their development entity Weaver Castle, LLC, have
purchased several properties in this neighborhood and have begun the redevelopment
of those buildings. They have most recently purchased 1576 Locust Street in order to
continue these efforts. This will be their 4th project in this neighborhood.
DISCUSSION
The proposed Development Agreement provides for several incentives to encourage
redevelopment of the property.
The Development Agreement requires the redevelopment of the property located at
1576 Locust St into three (3) apartments. The key elements of the Development
Agreement include the following:
1) The project will receive $30,000 in incentives through the Downtown Housing
Incentive Program.
2) Fagade, Design and Financial Planning grants totaling up to $35,000 will be utilized
with this project.
3) Weaver Castle, LLC must redevelop 1576 Locust St at a cost of approximately
$300,000 by no later than October 31 , 2015.
Additional terms and conditions of the disposition of the property are included within the
attached Development Agreement. Since the property is located in the Jackson Park
Urban Revitalization District and would qualify for property tax abatements for 10 years,
no TIF rebate is being proposed for this project.
RECOMMENDATION/ ACTION STEP
Following the public hearing, I recommend the City Council approve the attached
resolution which approves the attached Development Agreement with Weaver Castle
LLC.
Prepared by/Return to: Jill Connors, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393
RESOLUTION NO. 115-15
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND WEAVER CASTLE, LLC
Whereas, the City Council, by Resolution No. 90 -15, dated March 16, 2015
declared its intent to enter into a Development Agreement with Weaver Castle, LLC;
and
Whereas, pursuant to published notice, a public hearing was held on April 6,
2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa
for entering into the Development Agreement for the purpose of carrying out the
rehabilitation of property located at 1576 Locust Street; and
Whereas, it is the determination of the City Council that approval of the
Development Agreement according to the terms and conditions set out in the
Development Agreement is in the public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the attached Development Agreement by and between the City
of Dubuque and Weaver Castle, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Development Agreement on behalf of the City and City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the Development Agreement as herein
approved.
Passed, approved and adopted this 6th day of April, 2015.
Attest:
Trish L. Gleason, Assistant City Clerk
Roy D. Buol, Mayor
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WEAVER CASTLE LLC
THIS DEVELOPMENT AGREEMENT (Agreement) dated for reference purposes the
day of 2014 is made and entered into by and between the City of
Dubuque, Iowa (City), and Weaver Castle LLC (Developer).
WHEREAS, Developer is the owner of the following described real estate (the
Property):
S 482" OF NM 1/5 CITY LOT 474 & N 10' OF M 1/5 OF CITY LOT 474 in
the City of Dubuque, Iowa, according to the recorded Plats thereof.
Locally known as 1576-1578-1580 Locust Street
WHEREAS, the Property is located in the Greater Downtown Urban Renewal
District (the District) which has been so designated by City Council Resolution 178-14
as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the
Urban Renewal Law); and
WHEREAS, Developer has undertaken the redevelopment of a three-story
building located on the Property and will be operating the same during the term of this
Agreement; and
WHEREAS, Developer will make an additional capital investment in building
improvements, equipment, furniture and fixtures in the Property (Project); and
WHEREAS, the Property is historically significant and it is in the City's best
interest to preserve the Property; and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with
the Urban Renewal Plan for the Project Area adopted on May 18, 1967 and last
amended on June 16, 2014, City has the authority to enter into contracts and
agreements to implement the Urban Renewal Plan, as amended; and
WHEREAS, the Dubuque City Council believes it is in the best interests of the
City to encourage Developer in the development of the Property by providing certain
incentives as set forth herein.
030415bal
NOW, THEREFORE, the parties to this Development Agreement, in
consideration of the promises, covenants and agreements made by each other, do
hereby agree as follows:
SECTION 1. REPRESENTATIONS AND WARRANTIES
1 .1 Representations and Warranties of City. In order to induce Developer to enter
into this Agreement, City hereby represents and warrants to Developer that to the best
of City's knowledge:
(1) City has duly obtained all necessary approvals and consents for its
execution, delivery and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this
Agreement. City's attorney shall issue a legal opinion to Developer at time of
closing confirming the representation contained herein, in the form attached
hereto as Exhibit A.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during
the development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the charter of City, any evidence of indebtedness, agreement or
instrument of whatever nature to which City is now a party or by which it or its
property is bound, or constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against
or affecting City in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the financial position or
operations of City or which affects the validity of the Agreement or City's ability to
perform its obligations under this Agreement.
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(6) No ordinance or hearing is now before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies,
the cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
modify, or re-align any street or highway providing access to the Property and
there are no pending or intended public improvements or special assessments
affecting the Property which will result in any charge or lien be levied or assessed
against the Property.
(7) The representations and warranties contained in this article shall be
correct in all respects on and as of the Closing Date with the same force and
effect as if such representations and warranties had been made on and as of the
Closing Date.
(8) As of the date of this Agreement there has been prepared and approved
by City an Urban Renewal Plan for the Project Area consisting of the Urban
Renewal Plan for the Greater Downtown Urban Renewal Plan, most recently
approved by City Council of City on October 1 , 2012, and as subsequently
amended through and including the date hereof, (attached as Exhibit E the Urban
Renewal Plan). A copy of the Urban Renewal Plan, as constituted on the date of
this Agreement and in the form attached hereto, has been recorded among the
land records in the office of the Recorder of Dubuque County, Iowa.
1 .2 Representations and Warranties of Developer. The Developer makes the
following representations and warranties:
(1) Developer is a limited liability company duly organized and validly existing
under the laws of the State of Iowa, and has all requisite power and authority to
own and operate its properties, to carry on its business as now conducted and as
presently proposed to be conducted, and to enter into and perform its obligations
under the Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Developer and, assuming due authorization, execution and delivery by the City,
is in full force and effect and is a valid and legally binding instrument of
Developer enforceable in accordance with its terms, except as the same may be
limited by bankruptcy, insolvency, reorganization or other laws relating to or
affecting creditors' rights generally. Developer's counsel shall issue a legal
opinion to the City, at time of closing, confirming the representations contained
herein, in the form attached hereto as Exhibit B.
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(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of incorporation or the bylaws of Developer or any
contractual restriction, evidence of indebtedness, agreement or instrument of
whatever nature to which Developer is now a party or by which it or its property is
bound, or constitute a default under any of the foregoing.
(4) There are no actions, suits or proceedings pending or threatened against
or affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business, financial position
or result of operations of Developer or which affects the validity of the Agreement
or Developer's ability to perform its obligations under this Agreement.
(5) Developer will perform its obligations under this Agreement in accordance
with the material terms of this Agreement, the Urban Renewal Plan and all local,
State and federal laws and regulations.
(6) Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all material requirements of all applicable local, state, and federal
laws and regulations which must be obtained or met.
(7) Developer has firm commitments for permanent financing for the Project in
an amount sufficient, together with equity commitments, to successfully complete
the requirements of this Agreement and shall provide evidence thereof to City
prior to the Closing Date.
1 .3 Closing. The closing shall take place on the Closing Date which shall be the 27Th
day of February, 2015, or such other date as the parties shall agree in writing but in no
event shall the Closing Date be later than the 31st day of March, 2015. Consummation
of the closing shall be deemed an agreement of the parties to this Agreement that the
conditions of closing shall have been satisfied or waived.
1 .4 Conditions to Closing. The closing of the transaction contemplated by this
Agreement and all the obligations of Developer under this Agreement are subject to
fulfillment, on or before the Closing Date, of the following conditions:
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(1) The representations and warranties made by City in Section 1 .1 shall be
correct as of the Closing Date with the same force and effect as if such
representations were made at such time. At the closing, City shall deliver a
certificate to that effect in the form of Exhibit C.
(2) Developer shall have the right to terminate this Agreement at any time
prior to the consummation of the closing on the Closing Date if Developer
determines in its sole discretion that conditions necessary for the successful
completion of the Project contemplated herein have not been satisfied in
Developer's sole discretion. Upon the giving of notice of termination by
Developer to City, this Agreement shall be deemed null and void.
(3) Developer and City shall be in material compliance with all the terms and
provisions of this Agreement.
(4) Developer shall have furnished City with evidence, in a form satisfactory to
City (such as a letter of commitment from a bank or other lending institution), that
Developer has firm financial commitments in an amount sufficient, together with
equity commitments, to complete the Minimum Improvements (as defined herein)
in conformance with the Construction Plans (as defined herein), or City shall
have received such other evidence of Developer's financial ability as the
reasonable judgment of the City requires.
(5) Developer's counsel shall issue a legal opinion to the City confirming the
representations contained herein in the form attached hereto as Exhibit B.
1 .5 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to
Developer such other documents as may be required by this Agreement, all in a form
satisfactory to Developer.
SECTION 2. DEVELOPMENT ACTIVITIES
2.1 Required Minimum Improvements. Developer will make a capital investment of
not less than Three Hundred Thousand Dollars ($300,000.00) to acquire and improve
the Property (the Minimum Improvements). These Minimum Improvements include
creating three (3) apartments for market-rate rental using Historic Tax Credits.
2.2 [This section intentionally left blank]
2.3 Plans for Construction of Minimum Improvements. Plans and specifications with
respect to the development of the Property and the construction of the Minimum
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Improvements thereon (the Construction Plans) shall be in conformity with Urban
Renewal Plan, this Agreement, and all applicable state and local laws and regulations,
including but not limited to any covenants, conditions, restrictions, reservations,
easements, liens and charges, recorded in the records of Dubuque County, Iowa.
Developer shall submit to City, for approval by City, plans, drawings, specifications, and
related documents with respect to the improvements to be constructed by Developer on
the Property. All work with respect to the Minimum Improvements shall be in substantial
conformity with the Construction Plans approved by City.
2.4 Timing of Improvements. Developer hereby agrees that construction of the
Minimum Improvements on the Property shall be commenced within thirty (30) days
after the Closing Date, and shall be substantially completed by October 31 , 2015. The
time frames for the performance of these obligations shall be suspended due to
unavoidable delays meaning delays, outside the control of the party claiming its
occurrence in good faith, which are the direct result of strikes, other labor troubles,
unusual shortages of materials or labor, unusually severe or prolonged bad weather,
acts of God, fire or other casualty to the Minimum Improvements, litigation commenced
by third parties which, by injunction or other similar judicial action or by the exercise of
reasonable discretion directly results in delays, or acts of any federal, state or local
government which directly result in extraordinary delays. The time for performance of
such obligations shall be extended only for the period of such delay.
2.5 Certificate of Completion. Promptly following the request of Developer upon
completion of the Minimum Improvements, City shall furnish Developer with an
appropriate instrument so certifying. Such certification (the Certificate of Completion)
shall be in recordable form and shall be a conclusive determination of the satisfaction of
Developer's obligations to make the Minimum Improvements under this Agreement and
completion of the Minimum Improvements by Developer as required by this Agreement.
SECTION 3. CITY PARTICIPATION
3.1 Financial Incentives. The financial incentives set forth in this Section 3 are full
and complete and cannot be modified except by amendment to this Agreement. City is
under no obligation to approve any such amendment.
3.2 Downtown Housing Incentive.
(1) City agrees to provide to Developer on the terms and conditions set forth in the
Downtown Housing Incentive Program attached hereto as Exhibit F, a grant in the
amount of Thirty Thousand Dollars ($30,000.00) (the Grant).
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(2) Grant funds will not be disbursed to Developer until City has issued a Certificate
of Occupancy for the Project. The Grant shall be paid in Ten Thousand Dollar
($10,000.00) payments for each apartment that receives a Certificate of Occupancy up
to a maximum of three apartments. Prior to the disbursement of any funds, Developer
shall provide evidence satisfactory to City that the Minimum Improvements have been
completed in accordance with the Plans and other documentation submitted to City with
the Downtown Housing Assistance application.
3.3 The Property is located in the Jackson Street Urban Revitalization District and
Developer is eligible for property tax abatements on the Minimum Improvements for a
period of up to 10 years. Developer must apply for such abatement by February 15t of
the assessment year for which the abatement is first claimed, but not later than the year
in which all the Minimum Improvements are first assessed for taxation.
The application for abatement must contain, at a minimum, the following:
a) The nature of the Minimum Improvements;
b) The cost of the Minimum Improvement;
c) The actual or estimated date of completion; and
d) The exemption option to be applied.
3.4 Planning and Design Grant. City agrees to provide a matching (1 :1) grant not to
exceed ten thousand dollars ($10,000) to reimburse Developer for documented
predevelopment costs, architectural and engineering fees and other authorized soft
costs associated with the rehabilitation of the Property on the terms and conditions set
forth in Exhibit G. Prior to the release of any grant funds, City must determine to its
satisfaction that the Project is substantially complete and meets the conditions of this
Agreement.
3.5 Facade Grant. City agrees to provide a matching (1 :1) grant not to exceed ten
thousand dollars ($10,000) to reimburse Developer for documented costs for front or
rear fagade renovations to the Property to eliminate inappropriate additions or
alterations and to restore the fagade to its historic appearance, or to rehabilitate the
fagade to include new windows, paint, signage, awnings, etc. to improve the overall
appearance of the Property, and the costs of landscaping or screening with fencing or
retaining walls if such landscaping or screening improves the Property adjacent to the
public right-of-way.
3.6 Financial Consultant Grant. City agrees to provide a grant not to exceed fifteen
thousand dollars ($15,000) to reimburse Developer for documented costs related to
hiring a financial consultant to evaluate the Project's feasibility on the terms and
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conditions are further set forth in Exhibit I. Such funds will be disbursed only on
completion of the Minimum Improvements, documentation of costs and an inspection of
the completed Project at a rate of$.50 for each $1 .00 of costs incurred.
3.7. Written requests for payment of grant funds must be submitted to the Economic
Development Department together with all required documentation.
SECTION 4. COVENANTS OF DEVELOPER
4.1 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitation.
4.2 [This section intentionally left blank.]
4.3 Books and Records. During the term of this Agreement, Developer shall keep at
all times and make available to City upon reasonable request proper books of record
and account in which full, true and correct entries will be made of all dealings and
transactions of or in relation to the business and affairs of Developer in accordance with
generally accepted accounting principles consistently applied throughout the period
involved, and Developer shall provide reasonable protection against loss or damage to
such books of record and account.
4.4 Real Property Taxes. Developer shall pay or cause to be paid, when due, all real
property taxes and assessments payable with respect to all and any parts of the
Property unless Developer's obligations have been assumed by another person
pursuant to the provisions of this Agreement.
4.5 No Other Exemptions. During the term of this Agreement, Developer agrees not
to apply for any state or local property tax exemptions which are available with respect
to the Development Property or the Minimum Improvements located thereon that may
now be, or hereafter become, available under state law or city ordinance during the term
of this Agreement, including those that arise under Iowa Code Chapters 404 and 427,
as amended.
4.6 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all
times during the process of constructing the Minimum Improvements and at its
sole cost and expense builder's risk insurance, written on a Completed Value
Form in an amount equal to one hundred percent (100%) of the building
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(including Minimum Improvements) replacement value when construction is
completed, naming City as an additional insured. Coverage shall include the
"special perils" form and developer shall furnish City with proof of insurance in
the form of a certificate of insurance.
(2) Upon completion of construction of the Minimum Improvements and up to
the Termination Date, Developer shall maintain, or cause to be maintained, at its
cost and expense property insurance against loss and/or damage to the building
(including the Minimum Improvements) under an insurance policy written with the
"special perils" form and in an amount not less than the full insurable
replacement value of the building (including the Minimum Improvements).
Developer shall furnish to City proof of insurance in the form of a certificate of
insurance.
(3) The term 'replacement value" shall mean the actual replacement cost of
the building with Minimum Improvements (excluding foundation and excavation
costs and costs of underground flues, pipes, drains and other uninsurable items)
and equipment, and shall be reasonably determined from time to time at the
request of City, but not more frequently than once every three (3) years.
(4) Developer shall notify City immediately in the case of damage exceeding
$50,000 in amount to, or destruction of, the Minimum Improvements or any
portion thereof resulting from fire or other casualty. Net proceeds of any such
insurance (Net Proceeds), shall be paid directly to Developer as its interests may
appear, and Developer shall forthwith repair, reconstruct and restore the
Minimum Improvements to substantially the same or an improved condition or
value as they existed prior to the event causing such damage and, to the extent
necessary to accomplish such repair, reconstruction and restoration, Developer
shall apply the Net Proceeds of any insurance relating to such damage received
by Developer to the payment or reimbursement of the costs thereof, subject,
however, to the terms of any mortgage encumbering title to the Property (as its
interests may appear). Developer shall complete the repair, reconstruction and
restoration of Minimum Improvements whether or not the Net Proceeds of
insurance received by Developer for such purposes are sufficient.
4.7 Preservation of Property. During the term of this Agreement, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep, the
Minimum Improvements in good repair and working order, ordinary wear and tear
accepted, and from time to time shall make all necessary repairs, replacements,
renewals and additions.
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4.8 Non-Discrimination. In carrying out the project, Developer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, national origin, age or disability.
4.9 Conflict of Interest. Developer agrees that no member, officer or employee of
City, or its designees or agents, nor any consultant or member of the governing body of
City, and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or her tenure, or who is in a
position to participate in a decision-making process or gain insider information with
regard to the project, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
project, or in any activity, or benefit therefrom, which is part of this project at any time
during or after such person's tenure. In connection with this obligation, Developer shall
have the right to rely upon the representations of any party with whom it does business
and shall not be obligated to perform any further examination into such party's
background.
4.10 Non-Transferability. Until such time as the Minimum Improvements are complete
(as certified by City under Section 2.5), this Agreement may not be assigned by
Developer nor may the Property be transferred by Developer to another party.
Thereafter, with the prior written consent of City, which shall not be unreasonably
withheld, Developer shall have the right to assign this Agreement, and upon assumption
of the Agreement by the assignee, Developer shall no longer be responsible for its
obligations under this Agreement.
4.11 No change in Tax Classification. Developer agrees that it will not take any action
to change, or otherwise allow, the classification of the Property for property tax
purposes to become other than commercial property and to be taxed as such under
Iowa law. This restriction shall terminate upon the termination of this Agreement.
4.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof that they, and their
respective successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of
the Property as a restaurant and upper-story housing, is in full compliance with
the Urban Renewal Plan) (however, Developer shall not have any liability to City
to the extent that a successor in interest shall breach this covenant and City shall
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seek enforcement of this covenant directly against the party in breach of same);
and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, national origin, age or disability in the sale, lease, rental, use or
occupancy of the Property or any improvements erected or to be erected
thereon, or any part thereof (however, Developer shall not have any liability to
City to the extent that a successor in interest shall breach this covenant and City
shall seek enforcement of this covenant directly against the party in breach of
same).
4.13 Compliance with Laws. Developer shall comply with all laws, rules and
regulations relating to its businesses, other than laws, rules and regulations the failure
to comply with or the sanctions and penalties resulting therefrom, would not have a
material adverse effect on the business, property, operations, financial or otherwise, of
Developer.
SECTION 5. EVENTS OF DEFAULT AND REMEDIES
5.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
(1) Failure by Developer to pay or cause to be paid, before delinquency, all
real property taxes assessed with respect to the Minimum Improvements and the
Property.
(2) Failure by Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms,
conditions and limitations of this Agreement.
(3) Transfer of any interest by Developer of the Minimum Improvements in
violation of the provisions of this Agreement prior to the issuance of the final
Certificate of Completion.
(4) Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on its part to be observed
or performed under this Agreement.
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5.2. Remedies on Default by Developer. Whenever any Event of Default referred to
in Section 5.1 of this Agreement occurs and is continuing, City, as specified below, may
take any one or more of the following actions after the giving of written notice by City to
Developer (and the holder of any mortgage encumbering any interest in the Property of
which City has been notified of in writing) of the Event of Default, but only if the Event of
Default has not been cured within sixty (60) days following such notice, or if the Event of
Default cannot be cured within sixty (60) days and Developer does not provide
assurances to City that the Event of Default will be cured as soon as reasonably
possible thereafter:
(1) City may suspend its performance under this Agreement until it receives
assurances from the Developer deemed adequate by City, that the Developer will
cure its default and continue its performance under this Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) Until issuance of the Certificate of Completion, City shall be entitled to
recover from Developer the sum of all amounts expended by City in connection
with the funding of the Downtown Rehab Loan/Grant and Economic
Development Grant to Developer and City may take any action, including any
legal action it deems necessary, to recover such amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any payments due
under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time and as often as may be deemed
expedient.
5.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such waiver
12
shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
5.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in
equity, including an action for declaratory relief or arbitration, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of litigation from the other party. Such
fees and costs of litigation may be set by the court in the trial of such action or by the
arbitrator, as the case may be, or may be enforced in a separate action brought for that
purpose. Such fees and costs of litigation shall be in addition to any other relief that
may be awarded.
5.6 Remedies on Default by City. If City defaults in the performance of this
Agreement, Developer may take any action, including legal, equitable or administrative
action that may appear necessary or desirable to collect any payments due under this
Agreement, to recover expenses of Developer, or to enforce performance and
observance of any obligation, agreement, or covenant of City under this Agreement.
Developer may suspend their performance under this Agreement until they receive
assurances from City, deemed adequate by Developer, that City will cure its default and
continue its performance under this Agreement.
SECTION 6. GENERAL TERMS AND PROVISIONS
6.1 Notices and Demands. Whenever this Agreement requires or permits any notice
or written request by one party to another, it shall be deemed to have been properly
given if and when delivered in person or three (3) business days after having been
deposited in any U.S. Postal Service and sent by registered or certified mail, postage
prepaid, addressed as follows:
If to Developer: Weaver Castle, LLC
Attn: Gary Stelpflug
7693 Pigeon River Road
Lancaster, WI 53813
With copy to: Attorney A. John Arenz
O'Connor & Thomas, P.C.
700 Locust Street, Suite 200
Dubuque, IA 52001
If to City: City Manager
13
With copy to:
50 W. 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4110
Fax: (563) 589-4149
City Attorney
City Hall
50 W. 13th Street
Dubuque IA 52001
Or at such other address with respect to either party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
6.2 Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of City and Developer and their respective successors and assigns.
6.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on December 31, 2023 (the Termination Date).
6.4. Execution By Facsimile. The parties agree that this Agreement may be
transmitted between them by facsimile machine. The parties intend that the faxed
signatures constitute original signatures and that a faxed Agreement containing the
signatures (original or faxed) of all the parties is binding on the parties.
6.5 Memorandum of Development Agreement. Developer shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit D in
the office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for
so recording.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in
its name and behalf by its Mayor and attested to by its City Clerk and Developer has
caused this Agreement to be duly executed on or as of the first above written.
CITY OF DUB QUE, IOWA WEAVER CASTLE LLC.
By
hik LI7
Roy D. B® b
Mayor
14
By
Gary Stelpflug, Manager
Attest:
Trish L. Gleason
Assistant City Clerk
15
(City Seal)
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this day of 20_, before me the undersigned, a Notary
Public in and for the said County and State, personally appeared Roy D. Buol and Trish
L. Gleason, to me personally known, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation executing the instrument to which this is attached; that the seal affixed
hereto is the seal of said municipal corporation; that said instrument was signed and
sealed on behalf of the City of Dubuque, Iowa, by authority of its City Council; and that
said Mayor and City Clerk acknowledged the execution of said instrument to be the
voluntary act and deed of said City, by it and by them voluntarily executed.
Notary Public
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Gary Stelpflug, to me
personally known, who, being by me duly sworn, did say that he is Manager of
Weaver Castle LLC. the limited liability company executing the instrument to which this
is attached and that as said Manager of Weaver Castle LLC. acknowledged the
execution of said instrument to be the voluntary act and deed of said company, by it and
by him voluntarily executed.
Notary Public
16
LIST OF EXHIBITS
EXHIBIT A — City Attorney's Certificate
EXHIBIT B — Opinion of Developer's Counsel
EXHIBIT C — City Certificate
EXHIBIT D — Memorandum of Development Agreement
EXHIBIT E — Urban Renewal Plan
EXHIBIT F — Downtown Housing Incentive Program
17
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
18
Barry A.Lindahl,Esq. Dubuque THE CITY OF
City Attorney
Suite 330,Harbor View Place All-NmeneaCKY DUB E
300 Main Street
Dubuque,Iowa 52001-6944 Masterpiece on the Mississippi
(563)583-4113 office
(563)583-1040 fax 2007.2012•2013
bales q@cityofdubuque.org
(DATE)
RE:
Dear
I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution
and delivery of a certain Development Agreement between
(Developer) and the City of Dubuque, Iowa (City) dated for reference purposes the
day of , 20_.
The City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and has full power and authority to
execute, deliver and perform its obligations under this Agreement, and to the best of my
knowledge, the representations of the City Manager in his letter dated the _ day of
20_, are correct.
Very sincerely,
Barry A. Lindahl, Esq.
City Attorney
BAL:tIs
19
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
20
Mayor and City Councilmembers
Citx Hall
13t and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, Iowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for (Developer) in connection
with the execution and delivery of a certain Development Agreement (Development
Agreement) between Developer and the City of Dubuque, Iowa ("City") dated for
reference purposes the day of 20_
We have examined the original certified copy, or copies otherwise identified to
our satisfaction as being true copies, of the Development Agreement and such other
documents and records as we have deemed relevant and necessary as a basis for the
opinions set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries
as we have deemed appropriate, we are of the opinion that:
1 . Developer is a corporation organized and existing under the laws of the
State of Illinois and has full power and authority to execute, deliver and perform in full
Development Agreement. The Development Agreement has been duly and validly
authorized, executed and delivered by Developer and, assuming due authorization,
execution and delivery by City, is in full force and effect and is valid and legally binding
instrument of Developer enforceable in accordance with its terms, except as the same
may be limited by bankruptcy, insolvency, reorganization or other laws relating to or
affecting creditors' rights generally.
2. The execution, delivery and performance by Developer of the
Development Agreement and the carrying out of the terms thereof, will not result in
violation of any provision of, or in default under, the articles of incorporation and bylaws
of Developer, any indenture, mortgage, deed of trust, indebtedness, agreement,
judgment, decree, order, statute, rule, regulation or restriction to which Developer is a
party or by which Developer's property is bound or subject.
3. There are no actions, suits or proceedings pending or threatened against
or affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business (present or prospective), financial
position or results of operations of Developer or which in any manner raises any
questions affecting the validity of the Agreement or the Developer's ability to perform
Developer's obligations thereunder.
Very truly yours,
21
EXHIBIT C
CITY CERTIFICATE
22
Prepared By: Jill Connors 50 West 13th Street Dubuque, IA 52001 563-589-4393
Return To: Maurice Jones 50 West 13th Street Dubuque, IA 52001 563-589-4393
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"), by a
Special Warranty Deed recorded on , 2015 as Document Number 2015 -
in the office of the County Recorder of Dubuque County, State of Iowa, has
conveyed to Kenneth Oberbroeckling (the "Grantee"), in accordance with a Development
Agreement dated as of , 2015 (the "Agreement"), certain real property
located within the Greater Downtown Urban Renewal District of the Grantor and as more
particularly described as follows:
City Lot 75; and City Lot 74A EXCEPT the north 6 inches thereof; in the City of
Dubuque, Iowa, according to the United States Commissioners' Map of the Town
of Dubuque, Iowa
WHEREAS, said Deed incorporated and contained certain covenants and
restrictions with respect to the development of the Development Property, and obligated
the Grantee to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Grantee has to the present date performed said covenants and
conditions insofar as they relate to the construction of the Minimum Improvements, in a
manner deemed sufficient by the Grantor to permit the execution and recording of this
certification.
48
NOW, THEREFORE, pursuant to Section 2.4 of the Agreement, this is to certify that
all agreements and covenants of the Deed and the Agreement with respect to the
obligations of the Grantee, and its successors and assigns, to construct the Minimum
Improvements on the Development Property have been completed and performed by the
Grantee to the satisfaction of the Grantor and such agreements and covenants are hereby
terminated.
The County Recorder of Dubuque County is hereby authorized to accept for recording and
to record the filing of this instrument, to be a conclusive determination, except as noted
above, of the satisfactory termination of the agreements and covenants of said Deed and
the Agreement which would result in a forfeiture by the Grantee and right of the Grantor to
re-enter and take possession of the Development Property as set forth in said Deed and
the Agreement, and that said Deed and the Agreement shall otherwise remain in full force
and effect.
CITY OF DUBUQUE, IOWA
By:
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
ichael C. Van Milligen
City Manager
On this [.0`."' day of 1 , 20]x, before me a Notary Public in and for
said County, personally appeared 1Vlichael C. Van Milligen to me personally known, who
being duly sworn, did say that he is the City Manager, respectively of the City of Dubuque,
Iowa, a Municipal Corporation, created and existing under the laws of the laws of the State
of Iowa, and that the foregoing instrument was signed on behalf of said Municipal
Corporation by authority of its said City Manager and that he acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Notary Public in and for
Dubuque County, Iowa
49
Dubuque City Managers Office
THE CITY OF ►..A...� City Hall
R iiia-A 50 West13� Street
Du L E America cit➢ Dubuque,Iowa 52001-4864
(563)559110 office
(563)559-4149 fax
Masterpiece on the Mississippi 2012 1 c ymg § yo£dnbngne.o g
(DATE)
Dear
I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement
between (Developer) and the City of Dubuque, Iowa (City) dated for
reference purposes the _ day of 20_.
On behalf of the City of Dubuque, I hereby represent and warrant to Developer that:
(1) City has duly obtained all necessary approvals and consents for its
execution, delivery and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this
Agreement. City's attorney shall issue a legal opinion to Developer at time of
closing confirming the representation contained herein, in the form attached
hereto as Exhibit B.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during
the development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the charter of City, any evidence of indebtedness, agreement or
instrument of whatever nature to which City is now a party or by which it or its
property is bound, or constitute a default under any of the foregoing.
23
(5) There are no actions, suits or proceedings pending or threatened against
or affecting City in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the financial position or
operations of City or which affects the validity of the Agreement or City's ability to
perform its obligations under this Agreement.
(6) No ordinance or hearing is now or before any local governmental body
that either contemplates or authorizes any public improvements or special tax
levies, the cost of which may be assessed against the Property. To the best of
City's knowledge, there are no plans or efforts by any government agency to
widen, modify, or re-align any street or highway providing access to the Property
and there are no pending or intended public improvements or special
assessments affecting the Property which will result in any charge or lien be
levied or assessed against the Property.
(7) The representations and warranties contained in this article shall be
correct in all respects on and as of the Closing Date with the same force and
effect as if such representations and warranties had been made on and as of the
Closing Date.
Sincerely,
Michael C. Van Milligen
City Manager
MCVM:jh
24
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
25
n
llI IIIII1IIIIIIIVIII
11
11
11
Doc ID• 008246800003 Type: GEN
Kind AGREEMENT
Recorded: 05/28/2015 at 02:09:37 PM
Fee Amt: $27.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
Fle2015-00006490
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa
municipal corporation, of Dubuque, Iowa, and Weaver Castle LLC. was made regarding
the following described premises:
S 48'2" OF NM 1/5 CITY LOT 474 & N 10' OF M 1/5 OF CITY LOT 474
(1576-1578-1580 LOCUST) in the City of Dubuque, Iowa.
The Development Agreement is dated for reference purposes the day of
, 201$' and contains covenants, conditions, and restrictions concerning the
sale and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the
terms and provisions of the Development Agreement shall prevail. A complete
counterpart of the Development Agreement, together with any amendments thereto, is
in the possession of the City of Dubuque and may be examined at its offices as above
provided.
Dated this 2 ' day of R , 2015.
CITY OF DUBUQUE, IOWA
By
26
WEAVER CASTLE LLC.
By
Roy D. Buol, Mayor Gary Stelpflug, Manager
Attest:
Kevin S. Firnstahl, City Clerk
Trish L. Gleason, Assistant City Clerk
STATE OF IOWA
: ss:
DUBUQUE COUNTY
On this6th day of April , 2015, before me, a Notary Public in and for the Statf
Iowa, in and for said county, personally appeared Roy D. Buol and Kevin Firnstahl, to
me personally known, who being by me duly sworn did say that they are the Mayor and
Assistant City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to said instrument
is the seal of said Municipal Corporation and that said instrument was signed and
sealed on behalf of said Municipal corporation by authority and resolution of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by it voluntarily executed.
** Trish L. Gleason
Assistant City Clerk
Notary Public,
C"C'
VW/L/
tate of Iowa
STATE OF IOWA
: ss:
DUBUQUE COUNTY
PAMELA J. cCARRO
Commission Nu ber 772419
My Comm. Exp,—13-22DI9
On this /day of 20 before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Gary Stelpflug, to me
personally known, who, being by me duly sworn, did say that he is Manager of Weaver
Castle LLC., the limited liability company executing the instrument to which this is
attached and that as said Manager of Weaver Castle LLC., acknowledged the execution
of said instrument to be the voluntary act and deed of said company, by it and by him
voluntarily executed.
Notary ' . •Iic, State of Iowa
28
EXHIBIT E
URBAN RENEWAL PLAN
On file at the Office of the City Clerk, City Hall, 50 West 131h Street, Dubuque, Iowa
29
EXHIBIT F
DOWNTOWN HOUSING INCENTIVE PROGRAM
30
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
i
,I
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper k
on the following dates: March 20, 2015, and for which the charge is $70.76. r
` ill
{
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
this x,25 day of , 20 /_�r .
r
.2?2
k
Notary Public in and for Dubuque County, Iowa.
fl'
w GARY K.WEST ,`PA p,
womr'niacioo Number 1585
Fxp.FEB. 1,2017 d
a
i,
1
I
P
p
V
which time City ' ment Agreement with
CITY OF DUBUQUE Council will,meet for Developer;and
OFFICIAL NOTICEthe purpose of taking, Whereas,it is deemed
NOTICE OF A PUBLIC action on approving necessary and advis-
HEARING OF THE the Development able.that City should
CITY COUNCIL OF Agreement which m- erYter-into,the:bevel
THE CITY OF DUBU- cludes the.funding.of opment t .Agreement
QUE, IOWA, ON THE economic develop-' rilaiting thereto,for the;,
MATTER OF THE ments grants' to purpose of carrying out.
PROPOSED AUTHOR- Weaver Castlei LLC for the rehabilitation of
12ATION OF URBAN the development of the property -I'ocated• at
RENEWAL' TAX IH- I property at 1576 Locust 1576 Locust Street as
CREMENT REVENUE Street, Dubuque, Iowa hereinafter described;
OBLIGATIONS AND pursuant to the Devel- and
THE EXECUTION OFA opment Agreement,i Whereas,"before said',
DEVELOPMENT under the terms and agreement may be
AGREEMENT RELAT- conditions of said! approved, Chapter 403
ING THERETO WITH Urban Renewal District`, of the Code of Iowa
OR WEAVERCASTLE,
DEVELOP-LLCPlan; A copy of the;I Clerkre res
a ha ubl sh ah notice
MENT OF THE PRO- Development Agree P
l and of
PERTY AT 1576' ment -o on file at the the thf the e andaplace of,
Offic
LOCUST STREET, e of the City Clerk,
DUBUQUE,IOWA City,Hall,50 West 13th 1, the meeting at which
Street, Dubuque, Iowa, the City Council+
PUBLIC NOTICE is 52001. proposes to take action
hereby given that theAt the meeting, the thereon and'at which
City Council of the City City .. Council will meeting the City
Of Dubuque, Iowa, will receive oral and Council shall receive',
hold a public hearing written objections from 1 oral and/or written
on the 6th dayof,April, 1 any resident or objections from any
at 6:30 p.m.in the City i property owner of said resident or property
Council Chambers at City. to.. the above owner of said City`to i
1
the Historic Federal i action. Afterall objec- such proposed action.
Building,350 W.6th St., tions have :been re NON/THEREFORE,`QE
, ',
Dubuque, 'Iowaat IT RESOLVED,BY THE
i ceived and considered;. I
the City Council may at. CITY COUNCIL OF THE,I
this meeting or at any City OF DUBUQUE,
adjournment .,thereof,
approve the Devel- Section 1. The City
opment Agreement, or Clerk is hereby,!
will abandon the authorized and-direct-;
proposal. By order of ed to cause this
the City Council said Resolution and'a notice
hearing and appealto be,,published °as
therefrom shall be held prescribed by; Iowa
in accordance with and Code Section 403.9,of a
governed ';by the public hearing on the
provisions •of Iowa 1 City's intent to
Code Section 403.9. 1 authorize Urban Re-
Any visual or hearing newal Tax .Increment
impaired persons need Revenue obligations,to
ing,special assistance be held on the 6th day
or persons with special of April, 2015,,at 6:30
accessibility needs o'clock p.m.in the City
should contact the City Council Chambers at.
Clerk's Office'at (563) the Historic federal'
589-4100 or TTY (563) Building,350 W.6th St.,
556-9948 at least 48 Dubuque,Iowa. ,
Section 2. The i
hours prior to the, City,
meeting. Council- will meet at
This notice is given by said time and place for
order of the City l the purpose of taking
Council of the City of action on the matter of
Dubuque, Iowa, as authorizing the execu-
provided by Iowa Code tion of, the _Devel
Chapter 403. -_ opment Agreement..I
Dated this 16th day of relating thereto with
March,'H15., Developer, consisting
/s/Trish L.Gleason, of the funding of eCo- .
Assistant City Clerk nomic developments
RESOLUTION grants to Developer
NO.90-15 pursuant to the ,De-
FIXING THE,.DATE velopmentAgreement.
FORA PUBLIC HEAR Section 1 The Clerk is
ING OF THE CITYhereby directed •to V
COUNCIL OF THE cause' at least one!
CITY OF DUBUQUE,;, publication to be made'
IOWA ON THE EXE of,a notice of said I J
CUTION OF A DE-' meeting, in a;news
VELOPMENT' AGREE-. paper; printed wholly
MENT RELATING in the English Ian-
THERETO WITH WEA- guage, published at
VER CASTLE, LLC least once weekly,and:
AND PROVIDING FOR having general circula-'
THE PUBLICATION OF tion in said City, said
NOTICE THEREOF publication to be not
Whereas,the City of i less than four days nor
Dubuque (City) and I more;than twenty days
Weaver Castle, LLC; before the date of said
(Developer), intend to meeting on the
enter into a Develop issuance of said
ment Agreement, sub-' obligations.
jectto the'approval of Section,4. That the
the City Council,a copy;: notice of the proposed
of which is now on file action; .shall be in
at the Office of the City substantially the form
Clerk City Hall 13th attached hereto.
and Central Avenue Passed,approved and
Dubuque Iowa and adopted this 161h day I k
Whereas, the City, of March,2015.
Council has tentatively /s/Roy D.Buol
determined that, it l Attest:/s/Trish L.
would be in the best- Gleason,
interests of.' City to 1, Assistant City Clerk
approve the Develop-- -,1t3/20
i