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Assignment of Development Agreement for 356 Main Street_Bonson Block-JHTD LLC Copyrighted May 1, 2017 City of Dubuque Consent Items # 9. ITEM TITLE: Assignment of Development Agreement for 356 Main Street SUMMARY: City Manager recommending approval of a resolution that assigns the Development Agreement from Bonson Block L.L.C. to JHTD Plaza, LLC for redeveloped property at 356 Main Street. RESOLUTION Approving the Assignment of the Development Agreement between the City of Dubuque and Bonson Block, LLC from Bonson Block, LLC to JHTD Plaza, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 356 Main Street Assignment of DA-MVM Memo City Manager Memo Staff Memo Staff Memo Assignment of DA Supporting Documentation Resolution of Approval Resolutions THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Assignment of Development Agreement with Bonson Block L.L.C. to JHTD Plaza, LLC for redeveloped property at 356 Main Street (Bonson Block Building) DATE: April 25, 2017 On December 19, 2011, the City Council approved a Development Agreement with Bonson Block L.L.C. for the rehabilitation of 356 Main Street (known as the Bonson Block Building) into eight residential apartments and a ground floor commercial space. The project was awarded a letter of completion on April 18, 2012. On August 10, 2016, the property was sold by Bonson Block L.L.C. to JHTD Plaza, LLC. The new owner is now requesting an assignment of the agreement with the City to assign the rights and obligations, including the economic development grants listed in Section 3.2 of the agreement. These grants rebate the allowed property tax increment through May 1, 2028. Economic Development Director Maurice Jones recommends City Council approval of a resolution that assigns the Development Agreement from Bonson Block L.L.C. to JHTD Plaza, LLC. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, 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-America City Dubuque,Iowa 52001-4864 k-rtvd ' k DUB 1E1 r Office(563)589-4393 I I I TTY(563)690-6678 Masterpiece on the Mississippi I. http://www.cityofdubuque.org200.2012.2013 TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Assignment of Development Agreement with Bonson Block L.L.C. to JHTD Plaza, LLC for redeveloped property at 356 Main Street (Bonson Block Building) DATE: April 25, 2017 INTRODUCTION This memorandum is a request for the City Council to approve the assignment of the Development Agreement with Bonson Block L.L.C. for the property located at 356 Main Street to JHTD Plaza, LLC. BACKGROUND On December 19, 2011, the City Council approved a Development Agreement with Bonson Block L.L.C. for the rehabilitation of 356 Main Street (known as the Bonson Block Building) into eight (8) residential apartments and a ground floor commercial space. The project was awarded a letter of completion from the City's Building Services department on April 18, 2012. DISCUSSION On August 10, 2016, the property at 356 Main Street was sold by Bonson Block L.L.C. to JHTD Plaza, LLC. The new owner is now requesting an assignment of the agreement with the City. This would assign the rights and obligations, including the economic development grants listed in Section 3.2 of the agreement. These grants rebate the allowed property tax increment through May 1, 2028. RECOMMENDATION/ ACTION STEP Based on the recent addition of downtown housing and the City's goal to assist in redeveloping the Greater Downtown, I recommend the City Council adopts the attached resolution to assign the Development Agreement from Bonson Block L.L.C. to JHTD Plaza, LLC. Prepared by Jill Connors. Economic Development. 50 W. 13th St.. Dubuque. IA 52001. 563-589-4393 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 152-17 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND BONSON BLOCK, L.L.C. FROM BONSON BLOCK, L.L.C. TO JHTD PLAZA, LLC. WHEREAS, the City Council of the City of Dubuque, by Resolution No. 437-11, dated December 19, 2011 entered into a Development Agreement with Bonson Block, L.L.C. (Developer), and; WHEREAS, pursuant to the Development Agreement Developer provided certain improvements to real estate owned by Bonson Block, L.L.C., known locally as the Bonson Block Building located at 356 Main Street, Dubuque, Iowa (the Property); and WHEREAS, the Property has been deeded to JHTD Plaza, LLC, an Iowa limited liability company; and WHEREAS, Developer desires to assign the Development Agreement to JHTD Plaza, LLC pursuant to the Assignment attached hereto following the sale of the Property; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Section 3. The City Clerk's Office is authorized and directed to record this resolution and the Assignment with the Dubuque County Recorder. Passed, approved and adopted the 1st day of May, 2017. Attest: Kevi S. Firnstahl, Cit erk Roy D. Bu9,, Mayor 11 11 u 11 n 11 iu u u Y 11 Doc ID: 008650390008 Type GEN Kind: AGREEMENT Recorded: 06/08/2017 at 02:08:59 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2017-00006768 RECORDER'S COVER SHEET Assignment of Development Agreement and Approving Resolution Preparer Information: Prepared by Jill Connors, Economic Development, 50 W. 13th St., Dubuque, IA 52001, 563-589-4393 Taxpayer Information: JHTD Plaza, LLC, 3250 Kennedy Circle, Suite 7, Dubuque, IA 52001 Return Document To: Kevin Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001, 563-589-4121 Legal Description: Southerly 42 and 8/12ths feet of Lot 11 in the City of Dubuque, Iowa according to the United States Commissioners Map of the Town of Dubuque, Iowa. The real estate conveyed herein is also described as the south two thirds (2/3) of the city Lot 11 in the City of Dubuque, Iowa. Locally known as 356 Main Street (Bonson Block Building). Grantors: Grantees: The City of Dubuque, Iowa JHTD Plaza, LLC 50 W, 13th Street 3250 Kennedy Circle, Suite 7, Dubuque, IA 52001 Dubuque, IA 52001 And Bonson Block, LLC 321 E. Market Street Iowa City, IA 52244 Previously Recorded Document(s): Memorandum of Development Agreement: Instrument No. 2011-00020089 ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (Assignment) dated for reference purposes the „/".„ day of , 2017 is entered into by and between Bonson Block, L.L.C., an Iowa limited liabili company (Developer), JHTD Plaza, LLC, an Iowa limited liability company (JHTD), and the City of Dubuque, Iowa (City). WHEREAS, City and Developer entered into a Development Agreement dated December 19, 2011 (Development Agreement); and WHEREAS, pursuant to the terms of the Development Agreement Developer was to provide certain improvements to real estate owned by Developer, such property local known as 356 Main St., Dubuque, Iowa and legally described as: The southerly 42 and 8/12ths feet of Lot 11 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. The real estate conveyed herein is also locally known as 356 Main Street, Dubuque, Iowa (Property). Subject to the requirements and restrictions of that Development Agreement, City agreed to take certain actions to aid in the rehabilitation of the Property; and WHEREAS, Property was rehabilitated per the terms of the Development Agreement and was subsequently deeded to JHTD. As such Developer desires to assign all of its rights and obligations under the Development Agreement to JHTD and JHTD desired to accept such rights and obligation; and WHEREAS, the parties desire to set forth their agreement regarding such assignment in writing. NOW, THEREFORE, the parties to this Assignment of Development Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: Section 1. ASSIGNMENT. Developer does hereby assign, transfer and convey to JHTD each and every right and obligation of Developer in and under the Development Agreement. Section 2. ACCEPTANCE. JHTD does hereby accept all rights and obligations of Developer under the Development Agreement and agrees to be bound by such agreement and to be responsible for every obligation of Developer thereunder. Section 3. CONSENT. City does hereby consent to the assignment as set forth herein and releases Developer from any obligations that accrue under the terms of the Development Agreement after the date hereof. Section 4. MISCELLANEOUS. This agreement is binding upon the parties hereto and their successors and permitted assigns and shall be governed by and construed under the laws of the state of Iowa. IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and behalf by its Mayor and attested to by its City Clerk and Developer has caused this Agreement to be duly executed on or as of the first above written. CITY OF DUBUQUE, IOWA LeA.,1 Roy D. B r• , Mayor Attest: „ea/. Kevi S. Firnsta1iI, City Clerk State of Iowa ) ss: County of Dubuque ) On this ,_ day of 2017 before me, a Notary Public in and for said state, personally appeared Rov D. Buol and Kevin S. Firnstahl to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Commission Numberr 77 RRON 2419 My Comm. Exp. F- -5-2612 LemAirni Notary Public in tj State f Iowa My Commission expires: 915/2-01 BONSON BLOCK, L.L.C. /2L1 ichael D. Frantz, Managoi State of County of Notary Public in the State of Iowa My Commission expires:_ On this 50 day of , 2017 before me, a Notary Public in and for said state, personally appeared Micha I D. Frantz to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. OFFICIAL SEAL CURT TULLEY Notary Public - State of Illinois LMy Commission Expires Jul 16, 2017 .....„,41........„... TD PLAZA, LLC Toben Murdoc Member State of Iowa ) ss: County of Dubuque ) hibriry Public iri the State of My Commission expires: On this day of 017 before me, a Notary Public in and for said state, personally appeared Toben Mur k, to me known to be the person(s) named in and who executed the foregoing instr ent, and acknowledged that they executed the same as their voluntary act and deed. JHTD PLAZA, LLC Toben Murdock, Member State of Iowa ss: County of Dubuque ) On this i a) day of kACL 2017 before me, a Notary Public in and for said state, personally appeared Toben Murdock, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. MICHELLE M. WAGENER, Commission Number 742170 My C m ssion xpires Aidat(01,1,0tit Notary Public in the State of lo My Commission expires: ey-10-/q Prepared by Jill Connors, Economic Development, 50 W. 13th St.. Dubuaue. IA 52001, 563-589-4393 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 152-17 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND BONSON BLOCK, L.L.C. FROM BONSON BLOCK, L.L.C. TO JHTD PLAZA, LLC. WHEREAS, the City Council of the City of Dubuque, by Resolution No. 437-11, dated December 19, 2011 entered into a Development Agreement with Bonson Block, L.L.C. (Developer), and; WHEREAS, pursuant to the Development Agreement Developer provided certain improvements to real estate owned by Bonson Block, L.L.C., known locally as the Bonson Block Building located at 356 Main Street, Dubuque, Iowa (the Property); and WHEREAS, the Property has been deeded to JHTD Plaza, LLC, an Iowa limited liability company; and WHEREAS, Developer desires to assign the Development Agreement to JHTD Plaza, LLC pursuant to the Assignment attached hereto following the sale of the Property; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Section 3. The City Clerk's Office is authorized and directed to record this resolution and the Assignment with the Dubuque County Recorder. Passed, approved and adopted the 1st day of May, 2017. Roy D. Buq Mayor Attest: KevirnS. Firnstahl, Citerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 152-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 6th day of June, 2017. //:// Kevi S. "rnstahl, CMC, ty Clerk