South Pointe Housing Tax Increment Financing Agreement_Hearing Copyrighted
June 5, 2017
City of Dubuque Public Hearings # 4.
ITEM TITLE: South Pointe Housing Tax Increment Financing
Development Agreement
SUMMARY: Proof of publication on notice of public hearing to consider
approval of the Housing Tax Increment Financing (TIF)
Development Agreement with South Pointe, LLC to
facilitate the development of a 96-acre parcel off of
Rockdale Road and the City Manager recommending
approval.
RESOLUTION Approving an Agreement between the City
of Dubuque, Iowa and South Pointe, LLC for the
development of property in the South Pointe Urban
Renewal Area
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
South Pointe TI F De\elopment Agreement-MVM Memo City Manager Memo
Resolution Resolutions
Agreement Supporting Documentation
Proof of Publication Supporting Documentation
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: South Pointe Housing Tax Increment Financing Development Agreement
DATE: June 1, 2017
City Attorney Crenna Brumwell and City staff have negotiated a Housing Tax Increment
Financing (TIF) Development Agreement with South Pointe LLC to facilitate the
development of a 96-acre parcel off of Rockdale Road. The Planned Unit Development
for 143 lots was approved by the City Council on May 2, 2016. The Urban Renewal
District was approved by City Council on March 20, 2017. A public hearing has been
set for June 5, 2017 on an amendment of the South Pointe Housing Urban Renewal
Area.
The City of Dubuque needs more residential subdivisions.
The Spring 2017 Real Estate Facts and Trends from Ruhl & Ruhl Realtors reports that
new housing starts in the first quarter are down 48% in Dubuque from 21 in 2016 to 11
in 2017. In the Dubuque area there are 334 residential properties listed for sale. This is
a 5% decrease from the same time last year when there were 352 residential properties
listed for sale.
Ruhl and Ruhl answers the questions, why is inventory falling?
1. Homebuilders aren't building as many homes as they used to or as the market
needs. This stems from lenders tightening up on lending due to restrictive
government regulations. Some homebuilders are focusing on pre-solds instead
of spec homes, which creates inventory.
2. Investors have bought thousands of homes and turned them into rentals. This
has been smart and lucrative for the investors, but it has taken a lot of affordable
home inventory off the market.
3. Sellers are reluctant to sell until they find a property to buy.
4. Sellers don't want to give up their low fixed-rate mortgage payments.
As part of the Development Agreement, the City provides financial assistance to the
developer for the cost of fiber optic conduit, ($223,560), utility easements, ($77,141),
off-site utility extension ($200,000), site access acquisition and improvements
($120,000) and to build a public park ($150,000).
In addition, the City agrees to reconstruct Rockdale Road from Maquoketa Drive to
Cross Hill Drive.
All of these expenses will be financed by the Housing TIF as revenue becomes
available.
As required by State law in all Housing TIFs, at least 38.1% of TIF revenues will be
dedicated to affordable housing projects elsewhere in the community.
Since the 2006/2007 school year, enrollment at the Dubuque Community School District
has fallen from 10,733.6 students to 10,555.76 students in the 2016/2017 school year, a
2% decline. This affects the amount of state aid the schools receive.
Over the last six years, the City of Dubuque has averaged 100 houses built per year.
The goal is to raise that to at least 150 per year, and then to sustain that number over
time.
Calendar Year limber RYrsl English Ridge South Pointe Rushe Point Total
2615 22
2016 16 Ili
2011 48 117
2016 38 54 92
1019 31 25 40 12 108
2020 14 16 40 12 82
1021 12 10 40 12 74
2012 12 8 40 l2 72
2023 10 a 16 12 46
1021 8 8 12 28
025 8 12 20
2026 8 12 20
2027 8 12 20
2026 12 12
2029 0
2030 0
Total Homes
Built 203 222 184 120 729
_11,1slbyofft nr
_CP'Ir14Ynvl MMe TIF
2
1970 2010 °
city Population Population �0 Change
Gary, IN 175,415 80,294 -54.2%
South Bend, IN 125,580 75,065 -40.2%
Flint, MI 193,317 102,434 -47.0%
Detroit, MI 1,511,482 713,777 -52.8%
Akron, OH 275,425 199,110 -27.8%
Cincinatti OH 452,524 296,943 -34.4%
Cleveland, OH 750,903 396,815 -47.2%
Dayton, OH 243,601 141,527 -41.9%
Toledo, OH 383,818 287,208 -25.2%
Youngstown, OH 139,788 66,982 -52.1%
Micropolitan Statistical Area % Change
Fairfield 4.2%
Spirit Lake 2.7%
Boone 1.3%
Stone Lake 1.2%
Percent Muscatine 0.6%
Change i n Marshalltown 0.2%
Newton 0.0%
Population: Oskal°osa -0.3%
2010-2015 Spencer
Ottumwa -1
Burlington -1.3%
Mason City -2.2%
Fort Dodge -2.5%
Fort Madison-Keokuk -2.7%
Clinton -2.7%
Population Change - City of Dubuque, Iowa
Census Data Population Percent Change
1970 Census 63,309
1980 Census 62,374 -1 .5%
1990 Census 57,538 -7.8%
2000 Census 57,686 0.3%
2010 Census 57,637 -0.1 %
2016 Estimate 58,531 1 .6%
Source: U.S. Census Bureau Decennial Census and American
FactFinder Annual Population Estimates: 4/1/2010 to 7/1/2016
Metropolitan
Ames Metro AreCedar Rapids Metro Areaa
i
Davenport-Moline-Rock Island Metro Area
Des Moines-West Des Moines Metro Area
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• F." - • ' - ,
I respectfully recommend Mayor and City Council approval of a Housing Tax Increment
Financing Development Agreement with South Pointe LLC.
z1/'n^'\ DVM 6 '�i
Michael C. Van Milligen
4
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
5
RESOLUTION NO. 205-17
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
SOUTH POINTE, L.L.C. FOR THE DEVELOPMENT OF PROPERTY IN THE SOUTH
POINTE HOUSING URBAN RENEWAL AREA
Whereas, the City Council, by Resolution No. 66-17, dated February 20, 2017,
declared its intent to establish the South Pointe Housing Urban Renewal Area; and
Whereas, pursuant to published notice, a public hearing was held on the intent to
establish the South Pointe Housing Urban Renewal Area on March 20, 2017 at 6:00
p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, the City Council, following the public hearing, by Resolution No. 101-
17, approved the South Pointe Housing Urban Renewal Area; and
Whereas, South Pointe, L.L.C. is the owner of property in the South Pointe
Housing Urban Renewal Area (the Property); and
Whereas, the City Council and South Pointe, L.L.C. desire to enter into the
Agreement attached hereto for the development of the Property; and
Whereas, it is the determination of the City Council that approval of the
Agreement according to the terms and conditions set out in the 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 Agreement by and between the City of Dubuque and South
Pointe, L.L.C. is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
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 Agreement as herein approved.
PASSED, APPROVED, AND ADOPTED this 5th day Jun 2017.
Roy D. BuoMayor
ATTEST:
Kevin(S. Firnstahl, City Clerk
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RECORDER'S COVER SHEET
111111111111111111111111111111111111111118111111111111111111111111
Doc ID: 008707720053 Type: GEN
Kind: AGREEMENT
Recorded: 09/20/2017 at 03:03:23 PM
Fee Amt: $267.00 Page 1 of 53
Dubuque County Iowa
John Murphy Recorder
Fi1e2017-00011076
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE
SOUTH POINTE, L.L.C. FOR THE DEVELOPMENT OF THE SOUTH POINTE
HOUSING URBAN RENEWAL AREA ECONOMIC DEVELOPMENT DISTRICT
Preparer Information:
City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001
Taxpayer Information:
South Pointe, L.L.C., 600 Star Brewery Drive, Dubuque, IA 52001
Return Document To:
Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
See Page 2: Section 1. Legal Description of Project Area.
Grantors: Grantees:
South Pointe, L.L.C. City of Dubuque, Iowa
Attachments:
Certified Resolution No. 205-17
Agreement
cyww
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1111111111111111111 1111111111111111111111111,11111111111111111
Doc AU 0C1870772005a Type: GEN
Kind: AGIREEF EN1
Reaonded: (1910 2 0/2 0 1 7 at C13:(13:23 PF
Fee FInt : X1267. C10 Pa9Ie 1 of 53
Dubuque Clounty Iowa
,John Murphy F e ca rderi
File2017-00011706
RHCCRDER'S COMER EIHEET
AG REENIENI1 BY AN D BETWEEN THE CITTA OR DUBUQUE, IOWA AND DUBUQUE
SCUTH RCINTE, L.U.C. FCR THE DEVELOPMENT CR THE SOUTH RC IN TB
HOUSING URBAN REN9WAL AREA ECCNOMIC DEVELOPMENT DISTRICT
Rrepa near Info rmatic n:
City of a qL e, Iowa, 50 Wes11 ' 3,ih Stneet, Dubuque, Iowa 5200'1
Taxpayer Iniormatic n:
South Fointe, L.L.C., 600 Ster Brewery Driive, DublgLe, IA 92001
Return Dccument 110:
Kevin EH Rirnstc hl, City of Dubuque City Clerk, 50 West 13th Street, DubI qL e, IA 52041
Legal Description:
Sae Page 2: Section 1. Legal Descriptic n of Project Area.
Grantors: G ranteesi:
South Fointe, L.L.C. City of Dub' e, Iowa
Attach meints:
Certified Rego!' lion No. 205-17
Agreement
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(49.4
AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE SOUTH POINTE, L.L.C.
This Agreement, dated for reference purposes the day of
%�- , 2017, by and between the City of Dubuque, Iowa, a municipality
(C ), established pursuant to Iowa Code and acting under authorization of Iowa Code
Chapter 489, as amended (Urban Renewal Act), and Dubuque South Pointe, L.L.C., an
Iowa limited liability company with its principal place of business in Dubuque, Iowa
(Developer).
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has
undertaken an urban renewal project (the Project) to advance the community's ongoing
economic development efforts; and
WHEREAS, the Project is located within the South Pointe Housing Urban
Renewal Area Economic Development District (the Project Area); and
WHEREAS, as of the, date of this Agreement an urban renewal plan for the
Project Area consisting of the urban renewal plan for the South Pointe Housing Urban
Renewal Area Economic Development District, was approved by the City Council of
City on the 20th day of March, 2017, (the Urban Renewal Plan); and
WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of this
Agreement, attached hereto as Exhibit A, is on file with the Clerk for the City; and
WHEREAS, the Developer plans a development of townhomes and single-family
homes on all property owned by Developer, legally described as:
Lot 1 and Lot 1-1-2, both of Tower Investments Subdivision No. 1, Lot 2-1-1-1-1-
1-2-2 of Mineral Lot 483, Lot 1 of Mary Lou Place, and Lot 2 of Table Mound
Mobile Home Park, all in the Southwest 1/4 of Section 1, and the Southeast '/ of
Section 2, Township 88 North, Range 2 East, of the 5th P.M., in the City of
Dubuque, Dubuque County, Iowa.
(the Development Property) which is in the Project Area, and thereafter to cause the
same to be operated in accordance with this Agreement; and
WHEREAS, the Developer is willing to cause certain infrastructure improvements
to be constructed on and within the Development Property; and
WHEREAS, the City intends to assist the Project through grants toward
infrastructure improvements; and
WHEREAS, City believes that the development of the Development Property
pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the
vital and best interests of City and in accord with the public purposes and provisions of
the applicable federal, state, and local laws and the requirements under which the
Project has been undertaken and is being assisted.
NOW THEREFORE, in consideration of the promises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA.
Lot 1 of Tower Investments Subdivision No. 1, City of Dubuque; and
Lot 1 of Lot 1 of Lot 2 of Tower Investments Subdivision No. 1, City of Dubuque; and
Lot 2 of Table Mound Mobile Home Park, City of Dubuque; and
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 483, City
of Dubuque; and
Lot 1 of Mary Lou Place, City of Dubuque; and
Lot 1 of Mcnamer Acres No. 1; and
Lot 1 of Mcnamer Acres No. 3; and
Lot 2 of Mcnamer Acres No. 3; and
All that part of the Rockdale Road Right of Way lying South of the Easterly extension of
the North line of Lot 1 of Mary Lou Place and lying North of the Southern terminus of
the Rockdale Road Right of Way; and
All that part of the Key West Drive Right of Way and the Us Highway 61 Right of Way
lying South of the Easterly and Westerly extension of the South line of Lot 2-1-1-1-3 of
Annie Waller Subdivision #2 and lying North of the Easterly and Westerly extension of
that part of Lot 1 of Mineral Lot 479 lying West of U.S. Highway 61, and
All of the Manson Road Right of Way, in the City of Dubuque, Iowa; and
Lot 1-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501; and
All that part of the Kelly Lane Right of Way Lying North and West of the West line of Lot
4 of Old Mill Subdivision and its Northerly extension; and
Lot 1-2, 1-2-1, 1-3-1, 2-1-1, 2-2-3-1, 2-2-2, 2-2-2-1 All in Mineral Lot 514; and
Lot 10 Peg -O -Mesa Subdivision; and
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All that part of the Fremont Avenue Right of Way lying West and South of the South
line of Lot 14 in Block 1 of Birch Acres and its Northwesterly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Chicago Central
and Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
All that part of the Chicago Central and Pacific Railroad Company property in Section
27, T89N, R2E of the 5th P.M. lying East of the Westerly line of Lot 1 of Part of Lot 1-1
of Mineral Lot 233 and its Northerly extension and lying West of the Westerly line of Lot
2-2 of Mineral Lot 211A and its Northerly extension; and
All that part of the Cedar Cross Road Right of Way lying South of the Southern Right of
Way line of U.S. Highway 20 (Dodge Street) and lying North of the Chicago Central and
Pacific Railroad Company property in Section 27, T89N, R2E of the 5th P.M.; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way lying West of a line
connecting the Northwest corner of Lot 2-1-1-1 of Bartels Center Grove Place and the
Southeast corner of Lot 1 of Hardee's First Addition and lying East of the Chicago
Central and Pacific Railroad Company property in Section 28, T89N, R2E of the 5th
P.M.; and
All that part of the Chicago Central and Pacific Railroad Company property in Section
28, T89N, R2E of the 5th P.M. lying East of the Easterly line of Lot 2 of West End
Commercial Subdivision #2 and its Southerly extension and lying West of the Westerly
line of Lot 1 of Clin-Que Inc Addition No. 2 and its Southerly extension; and
All that part of the U.S. Highway 20 (Dodge Street) Right of Way Tying South and West
of the Chicago Central and Pacific Railroad Company property in Section 28, T89N,
R2E of the 5th P.M. and North and East of the Northerly extension of West Lot line of
Lot 6 of Key City Subdivision; and
Lot 6 of Key City Subdivision, Dubuque County Iowa; and
All that part of West Key Drive Right of Way adjacent to Lot 6 of Key City Subdivision;
and
All that part of Royal Wood Drive Right of Way lying South of the Southerly Right of
Way line of West Key Drive and North of the Northerly Right of Way line of North
Cascade Road; and
Lot 1 of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 13, T88N,
R1E of the 5th P.M.; and
All that part of the English Mill Road Right of Way lying South of the Northerly line of the
South 10 Acres of Lot 1 of the Southeast Quarter of the Northwest Quarter of Section 5,
T88N, R2E and its Easterly extension and lying North of the Northerly Right of Way line
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of North Cascade Road; and
All that part of the Northwesterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1 of Dieters Place and its Northerly extension
and lying North and East of the West line of Lot 1-1 of Elizabeth Watter's Place and its
Northerly extension; and
All that part of the North Cascade Road Right of Way lying South and West of the West
line of Lot 1-1 of Elizabeth Watter's Place and its Northerly extension and lying North
and East of the East line of Lot 1-1 of Dane Place and its Southerly extension; and
All that part of the Southeasterly Half of the North Cascade Road Right of Way lying
South and West of the East line of Lot 1-1 of Dane Place and its Southerly extension
and lying North and East of the Easterly Right of Way line of U.S. Highway 20.
A part of Lot 2-2-1-1-2 of Mineral Lot 483, Lot 1-2-1-1-2 of Mineral Lot 483, and Lot 1-2-
2-2 of Mineral Lot 483 in the City of Dubuque, Iowa, more particularly described as
follows: Beginning at the southwest corner of Lot 2-2-1-1-2 of Mineral Lot 483; thence
North 04 Degrees 51 Minutes 47 Second East a distance of 127.24 feet; thence North
29 Degrees 44 Minutes 54 Seconds East a distance of 170.93 feet; thence North 80
Degrees 19 Minutes 29 Seconds East a distance of 40.03 feet to the southerly right of
way line of Tower Drive; thence South 84 Degrees 00 Minutes 14 Seconds East along
said southerly right of way line a distance of 1.39 feet; thence South 87 Degrees 49
Minutes 21 Seconds East along said southerly right of way line a distance of 95.54 feet;
thence South 80 Degrees 19 Minutes 29 Seconds West a distance of 125.43 feet;
thence South 29 Degrees 44 Minutes 54 Seconds West a distance of 157.07 feet;
thence South 04 Degrees 51 Minutes 47 Seconds West a distance of 121.90 feet;
thence North 87 Degrees 48 Minutes 19 Seconds West a distance of 20.02 feet to the
point of beginning.
A part of Mineral Lot 486 in the City of Dubuque, Iowa, more particularly described as
follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
403.64 feet to the point of beginning; thence South 65 Degrees 40 minutes 26 Seconds
West a distance of 65.15 feet; thence North 24 Degrees 19 Minutes 34 Seconds West
a distance of 20.00 feet; thence North 65 Degrees 40 Minutes 26 Seconds East a
distance of 39.29 feet to the north line of said lot; thence South 76 Degrees 36 Minutes
57 Seconds East along the north line of said lot a distance of 32.70 feet to the point of
beginning.
A part of Mineral Lot 486 in the City of Dubuque, Iowa, more particularly described as
follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
628.75 feet; thence North 79 Degrees 50 Minutes 55 Seconds West along the north
line of said lot a distance of 139.90 feet to the point of beginning; thence South 08
Degrees 41 Minutes 38 Seconds East a distance of 72.68 feet; thence South 81
Degrees 18 Minutes 22 Seconds West a distance of 20.00 feet; thence North 08
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Degrees 41 Minutes 38 Seconds West a distance of 79.50 feet to a point on the north
line of said lot; thence South 79 Degrees 50 Minutes 55 Seconds East along the north
line of said lot a distance of 21.13 feet to the point of beginning.
A part of Mineral Lot 488 in the City of Dubuque, Iowa, more particularly described as
follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
628.75 feet; thence North 79 Degrees 50 Minutes 55 Seconds West along the north
line of said lot a distance of 321.31 feet; thence North 69 Degrees 04 Minutes 44
Seconds West along the north line of said lot a distance of 304.67 feet; thence North 42
Degrees 36 Minutes 17 Seconds West along the north line of said lot and the easterly
line of Mineral Lot 488 a distance of 223.95; thence North 67 Degrees 26 Minutes 34
Seconds West along the easterly line of Mineral Lot 488 a distance of 186.99 feet;
thence North 27 Degrees 46 Minutes 34 Seconds West along the easterly line of said
lot a distance of 79.24 feet; thence North 12 Degrees 43 Minutes 23 Seconds East a
distance of 598.76 feet to the point of beginning; thence South 73 Degrees 55 Minutes
19 Seconds West a distance of 95.02 feet; thence North 16 Degrees 04 Minutes 41
Seconds West a distance of 20.00 feet; thence North 73 Degrees 55 Minutes 19
Seconds East a distance of 106.02 feet to a point on the easterly line of said lot; thence
South 12 Degrees 43 Minutes 23 Seconds West along the easterly line of said lot a
distance of 22.82 feet to the point of beginning.
A part of Mineral Lot 488 in the City of Dubuque, Iowa, more particularly described as
follows: Commencing at the northeast corner of Mineral Lot 486; thence North 76
Degrees 36 Minutes 57 Seconds West along the northerly line of said lot a distance of
628.75 feet; thence North 79 Degrees 50 Minutes 55 Seconds West along the north
line of said lot a distance of 321.31 feet; thence North 69 Degrees 04 Minutes 44
Seconds West along the north line of said lot a distance of 304.67 feet; thence North 42
Degrees 36 Minutes 17 Seconds West along the north line of said lot and the easterly
line of Mineral Lot 488 a distance of 223.95; thence North 67 Degrees 26 Minutes 34
Seconds West along the easterly line of Mineral Lot 488 a distance of 186.99 feet;
thence North 27 Degrees 46 Minutes 34 Seconds West along the easterly line of said
lot a distance of 79.24 feet; thence North 12 Degrees 43 Minutes 23 Seconds East a
distance of 640.72 feet; thence North 12 Degrees 47 Minutes 24 Seconds East along
the easterly line of said lot a distance of 169.27 feet to the point of beginning; thence
North 80 Degrees 41 Minutes 00 Seconds West a distance of 207.65 feet; thence North
09 Degrees 19 Minutes 00 Seconds East a distance of 20.00 feet; thence South 80
Degrees 41 Minutes 00 Seconds East a distance of 208.86 feet to point on the easterly
line of said lot; thence South 12 Degrees 47 Minutes 24 Seconds West a distance of
20.04 feet to the point of beginning.
A part of Lot 2-1-2 of Tower Investment Subdivision No. 1 in the City of Dubuque, Iowa,
more particularly described as follows: Beginning at the southwest corner of Lot 1-2-2 of
Tower Heights in the City of Dubuque, Iowa; thence South 04 Degrees 49 Minutes 39
Seconds West along the westerly right of way line of Tower Drive a distance of 15.02
feet to the point of beginning; thence continuing South 04 Degrees 49 Minutes 39
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Seconds West along said westerly line a distance of 30.03 feet; thence North 82
Degrees 49 Minutes 29 Seconds West a distance of 497.68 feet to a point on the
westerly line of Lot 2-1-2 of Tower Investment Subdivision No. 1; thence North 05
Degrees 44 Minutes 16 Seconds West along said westerly lot line a distance of 30.78
feet; thence South 82 Degrees 49 Minutes 29 Seconds East a distance of 503.33 feet
to the point of beginning.
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SECTION 2. DEVELOPMENT ACTIVITIES.
2.1 Required Improvements. City acknowledges that Developer is developing a
residential development on the Development Property as shown on the plats attached
hereto as Exhibit B. Developer agrees as follows:
A. To install and dedicate fiber optic conduit, vaults, and appurtances as part
of the infrastructure for Development Property with an estimated cost of
two hundred twenty-three thousand five hundred sixty dollars
($223,560.00), Developer to be reimbursed for actual expenditures up to
two hundred twenty-three thousand five hundred sixty dollars
($223,560.00) certified to the City of Dubuque and subject to approval by
the City.
B. To secure a secondary emergency access to and from the Development
Property via an access easement attached as Exhibit C prior to final plat
approval for Phase I of the South Pointe Development.
Construction of the secondary emergency access must comply with the
requirements of the 2015 International Fire Code, Appendix D on Fire
Apparatus Access Roads.
C. To acquire utility easements as shown on Exhibit D (McNamer and
Woodward Easements) for the South Pointe Development prior to final
plat approval for Phase I of the South Pointe Development.
D. To install water and sewer service infrastructure in the Woodward and
McNamer utility easements and to install sewer infrastructure in the Waller
Phase II utility easement as shown on Exhibit E per City standards and
specifications within two (2) years of City Council approval of the final plat
for Phase II of the South Pointe Development.
Developer shall contract with a consulting firm to prepare plans and
specifications with respect to these improvements which shall be in
conformity with all applicable state and local laws and regulations. Plans
and Specifications must be prepared using the latest City of Dubuque
Engineering Standards and SUDAS Standards. Developer must submit to
the City for approval all plans, drawings, specifications, easement
documents and other related documents with respect to the
improvements. All work with respect to these improvements must be in
conformity with the Construction Plans approved by the City. Developer
shall be responsible for all any and all construction staking and surveying
necessary to construct the project per approved plans. Developer shall
be responsible for any and all materials testing services as required by the
approved plans and specifications. Developer shall pay City an inspection
fee of 3% of total project cost estimate and City will conduct all
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construction inspection activities. Developer shall submit to the City Clerk
securities (form of Letter of Credit or Bond) in the amount of 110% of the
total project cost estimate. After the two (2) year bonding period, water
service infrastructure and appurtenances shall be dedicated to the City;
and
E. To acquire utility easements as shown on Exhibit F (Waller Phase I and
Leonard Easements) and Exhibit G (Waller Phase II Easement) prior to
final plat approval for Phase I of the South Pointe Development.
F. To install sewer service infrastructure in the utility easements as shown on
Exhibit F per City standards and specifications within two (2) years of City
Council approval of the final subdivision plat of Phase I of the South
Pointe Development. Developer shall contract with a consulting firm to
prepare plans and specifications with respect to these improvements
which shall be in conformity with all applicable state and local laws and
regulations. Plans and Specifications must be prepared using the latest
City of Dubuque Engineering Standards and SUDAS Standards.
Developer must submit to the City for approval all plans, drawings,
specifications, easement documents and other related documents with
respect to the improvements. All work with respect to these
improvements must be in conformity with the Construction Plans
approved by the City. Developer shall be responsible for all any and all
construction staking and surveying necessary to construct the project per
approved plans. Developer shall be responsible for any and all materials
testing services as required by the approved plans and specifications.
Developer shall pay City an inspection fee of 3% of total project cost
estimate and City will conduct all construction inspection activities.
Developer shall submit to the City Clerk securities (form of Letter of Credit
or Bond) in the amount of 110% of the total project cost estimate. After
the two (2) year bonding period, water service infrastructure and
appurtenances shall be dedicated to the City; and
H. To construct a park within the Development Property which will be
dedicated to the City upon completion as a City park. The lot for the park
must:
• be reviewed and approved by the Park and Recreation
Commission and the City Council
• be a minimum of I/2 acre developable space
• be fully accessible to persons with disabilities
• have accessible parking for persons with disabilities
Developer must submit a park development plan and specifications for
review and approval from the City through City staff, the Park and
Recreation Commission, and the City Council prior to initiating
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construction. The park development plan and specifications must, at a
minimum, include:
• Security lighting and/or park lights
• Drinking Fountain
• Park Sign
• Playground equipment from a commercial company such as
Miracle, Gametime, or Landscape Structures with proper
playground surfacing meeting CPSC standards underneath
• Garbage/trash receptacles
• Park benches
• Sidewalk, as needed
• Trees
• Picnic table(s)
• Bike parking loops
• Parking, including accessible parking. Parking may be
street parking.
• Seeding grass for the play space
• Compliance with the Americans with Disabilities Act
regulations as reviewed and approved by the City's ADA
consultant RAC or another independent ADA consultant
organization
The City will provide information on the specifications required for specific
park amenities such as drinking fountains, park lights, park sign,
garbage/trash receptacles, park benches, and bike parking loops to
maintain conformity and facilitate maintenance of such amenities
throughout the City of Dubuque's park system.
Upon completion, Developer will dedicate the completed park to the City
with all improvements. Acceptance of the park is subject to City Council
review and approval. Naming of the park will be determined by the Park
and Recreation Commission and the City Council.
Developer must maintain general liability insurance on the park lot and
appurtenances as well as property coverage on the playground equipment
until the park is accepted by City. Proof of insurance shall be submitted to
the City.
Developer shall submit to the City Clerk securities (form of Letter of Credit
or Bond) in the amount of 110% of the total park project cost estimate.
After the two (2) year bonding period, the park lot, infrastructure, and
appurtenances shall be dedicated to the City;
2.2 Maintenance/Repair of Public Utilities under Private Streets. City will maintain
and repair the city owned utilities under the private streets within the easement granted
by Developer within the Development Property. City is not responsible for the repair of
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the private streets. Developer may opt to assign the responsibility to repair the private
streets to a homeowners' association.
2.3 Plans for Construction of Improvements. Plans and specifications with respect
to the Development Property and the construction of improvements thereon (the
Construction Plans) shall be in conformity with the 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 applicable to the Development Property, 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 Development Property. All work with respect to the
improvements shall be in substantial conformity with the Construction Plans approved
by City.
2.4 Timing of Improvements. Developer hereby agrees that construction of
improvements on the Development Property shall be commenced by July 1, 2017, and
shall be built in conjunction with the streets within the Development. 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 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 delays. The time for performance of such obligations shall be extended only
for the period of such delay.
SECTION 3. CITY PARTICIPATION. City participation is conditioned on the
availability of tax increment dollars generated within the South Pointe Housing Urban
Renewal Area to fund the commitments outlined in this section. The City is not
obligated to incur debt to fund any portion of City's participation or grants to Developer.
3.1 Park Construction. City will reimburse Developer for the creation of a park within
the Development Property for actual costs up to one -hundred fifty thousand dollars
($150,000).
3.2 Fiber. City will reimburse Developer for the installation and dedication of fiber
optic conduit, vaults, and appurtenances as part of the infrastructure for Development
Property with an estimated cost of two hundred twenty-three thousand five hundred
sixty dollars ($223,560.00), Developer to be reimbursed for actual expenditures up to
two hundred twenty-three thousand five hundred sixty dollars ($223,560.00) certified to
the City of Dubuque and subject to approval by the City.
3.3. McNamer Water/Sewer Easement Acauisition. City will reimburse Developer for
the sewer easement acquisition costs for the water and sewer easement required for
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the Development Property through property owned by Martin and Nancy McNamer as
shown on Exhibit D. Developer to be reimbursed for actual expenditures up to eighteen
thousand six hundred eighty-two dollars ($18,682) certified to the City of Dubuque and
subject to approval by the City.
3.4 Woodward Trust Water/Sewer Easement Acauisition. City will reimburse
Developer for the sewer easement acquisition costs for the water and sewer easement
required for the Development Property through property owned by the Kristin K.
Woodward Trust as shown on Exhibit D. Developer to be reimbursed for actual
expenditures up to six thousand four hundred three dollars ($6,403) certified to the City
of Dubuque and subject to approval by the City.
3.5 McNamer and Woodward Construction and Installation. City will reimburse
Developer for the costs associated with installation of water and sewer service to the
Development Property through property owned by Martin and Nancy McNamer, and the
Kristin K. Woodward Trust as shown on Exhibit D. Developer to be reimbursed for
actual expenditures up to two hundred thousand dollars ($200,000) certified to the City
of Dubuque and subject to approval by the City. The sewer connection to the
Development Property will originate from the City's South Fork Interceptor Sewer.
3.6.Waller Sewer Easement Acauisition.
(1) Waller Easement. City will reimburse Developer for the sewer easement
acquisition costs for the sewer easements required for the Development Property
through property owned by the Raymond and Joan Waller Irrevocable Trust as shown
on Exhibits F (Waller, Phase I) and G (Waller, Phase II). Developer to be reimbursed
for actual expenditures up to thirty-five thousand dollars ($35,000) certified to the City of
Dubuque and subject to approval by the City.
(2) Leonard Sewer Easement Acquisition. City will reimburse Developer for
the sewer easement acquisitions costs for the sewer easements required for the
Development Property through property owned by Patrick and Vicki Leonard as shown
on Exhibit F. Developer to be reimbursed for actual expenditures up to seventeen
thousand fifty-six dollars ($17,056) certified to the City of Dubuque and subject to
approval by the City.
(3) Waller. Phase I/Leonard Sewer Installation. Developer remains solely
responsible for the expenditures related to installation of a sewer through property
owned by the Raymond and Joan Waller Irrevocable Trust and Patrick and Vicki
Leonard in the Waller/Leonard Easements as shown on Exhibit F.
(4) Waller, Phase II Sewer Installation. Developer remains solely responsible for the
expenditures related to installation of a sewer through property owned by the Raymond
and Joan Waller Irrevocable Trust as shown on Exhibit G.
3.7 Tower Drive Emergency Access Easement Acauisition and Improvements. City
will reimburse Developer for the acquisition of an emergency access easement across
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Tower Drive and the necessary improvements required to make Tower Drive an
acceptable Emergency Access, as determined by the Fire Chief, as shown on Exhibit
C. Developer to be reimbursed for actual expenditures up to one hundred twenty
thousand dollars ($120,000) certified to the City of Dubuque and subject to approval by
the City.
3.8 Rockdale Road. City will reconstruct Rockdale Road from Maquoketa Drive to
Cross Hill Drive including, which may include, but is not limited to, new pavement, curb
and gutter, sidewalks, street lighting, sanitary sewer, storm sewer, and water main.
3.9 Maintenance/Repair of Public Utilities under Private Streets. City will maintain
and repair the city owned utilities under the private streets within the easement granted
by Developer within the Development Property. City is not responsible for the repair of
the private streets. Developer may opt to assign the responsibility to repair the private
streets to a homeowners' association.
3.10 Low and Moderate Income Family Housing Assistance.
Pursuant to Iowa Code §403.22 the Project includes assistance for low and
moderate income family housing. The amount to be provided for low and moderate
income family housing shall be either equal to or greater than the percentage of the
original Project cost that is equal to the percentage of low and moderate income
residents for Dubuque County, which is currently 38.1%, and shall be available as
funds are generated by the South Pointe Housing Urban Renewal Area.
To fund the low -to -moderate income (LMI) housing assistance, City public
improvements, and Developer's development activities, City shall certify to the
County prior to December 1 of each year, commencing December 1, 2018, its
request for the available Developer Tax Increments resulting from the assessments
imposed by the County as of January 1 of that year, to be collected by City as taxes
are paid during the following fiscal year and which shall thereafter be disbursed to
Developer on November 1 and May 1 of that fiscal year. (Example: if City so certifies
by December 2015, the Economic Development Grants in respect thereof would be
paid to Developer on November 1, 2016 and May 1, 2017.)
3.11 Additional Public Improvements. The City may, in its sole discretion, evaluate
the possibility of additional public improvement projects within the existing, or an
expanded, urban renewal area.
3.12 Economic Development Grants.
A. For and in consideration of Developer's obligations hereunder, and in
furtherance of the goals and objectives of the urban renewal plan for the Project
Area and the Urban Renewal Law, City agrees, subject to Developer being and
remaining in compliance with the terms of this Agreement, to reimburse
Developer for the actual cost of development activities as tax increment is
generated by the South Pointe Housing Urban Renewal area and in accordance
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with the annual allocation in Section 3.12(B), as follows:
a. Fiber Optic Installation within development: Up to $223,560
b. McNamer/Woodward Water & Sewer Utility
Easement(s) Acquisition Reimbursement: Up to $25,085
c. Waller/Leonard Sewer Utility Easement(s)
Acquisition Reimbursement Up to $52,056
d. McNamer Woodward Water/Sewer Service
Installation Reimbursement Up to $200,000
e. Tower Drive Emergency Access Reimbursement for
Easement Acquisition and Improvements Up to $120,000
f. Park: Reimbursement for Design, Construction,
and Installation Up to $150,000
B. Grants, not to exceed a total of seven hundred seventy thousand seven
hundred and one dollars ($770,701) during the term of the agreement, for
development activities will be made as follows:
City shall certify to the County prior to December 1 of each year,
commencing December 1, 2018, its request for the available Developer
Tax Increments resulting from the assessments imposed by the County as
of January 1 of that year, to be collected by City as taxes are paid during
the following fiscal year and which shall thereafter be disbursed to
Developer on November 1 and May 1 of that fiscal year.
November 1, 2019: 25% of the remaining yearly increment after the
deduction of the 38.1% set-aside per Iowa Code §403.22 for low or
moderate income families including single person households, earning no
more than eighty percent of the higher of the median family income of the
county or the statewide nonmetropolitan area as determined by the latest
United States Department of Housing and Urban Development, Section 8
income guidelines (LMI Housing Assistance), but not to exceed the actual
expenditures by Developer for Development Activities.
May 1, 2020: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2020: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
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May 1, 2021: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2021: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2022: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2022. 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2023: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2023: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2024: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2024: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2025: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2025: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2026: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2026: 25% of the remaining yearly increment after the
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deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2027: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2027: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2028: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
November 1, 2028: 25% of the remaining yearly increment after the
deduction of the LMI Housing Assistance set-aside, but not to exceed the
actual expenditures by Developer for Development Activities.
May 1, 2029: 25% of the remaining yearly increment after the deduction
of the LMI Housing Assistance set-aside, but not to exceed the actual
expenditures by Developer for Development Activities.
The foregoing grants will be made pursuant to Iowa Code §403.9 of the Urban
Renewal Law, in amounts equal to the actual amount of tax increment revenues
collected by City under Iowa Code §403.19 (without regard to any averaging that
may otherwise be utilized under Iowa Code §403.19 and excluding any interest
that may accrue thereon prior to payment to Developer) during the preceding six
(6) month period in respect of the Property and improvements constructed by
Developer (the Developer Tax Increments). Developer recognizes and agrees
that the Economic Development Grants shall be paid solely and only from the
incremental taxes collected by City in respect to the Property and improvements,
which does not include property taxes collected for the payment of bonds and
interest of each taxing district, and taxes for the regular and voter -approved
physical plant and equipment levy, instructional support levy, and any other
portion required to be excluded by Iowa law, and thus such incremental taxes will
not include all amounts paid by Developer as regular property taxes.
C. To fund the Economic Development Grants, City shall certify to the
County prior to December 1 of each year, commencing December 1, 2018, its
request for the available Developer Tax Increments resulting from the
assessments imposed by the County as of January 1 of that year, to be collected
by City as taxes are paid during the following fiscal year and which shall
thereafter be disbursed to the Developer if Developer owns or leases the
Property and/or improvements thereon during the period such tax increment
revenues accrue, on November 1 and May 1 of that fiscal year. (Example: If City
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so certifies by December 2015, the Economic Development Grants in respect
thereof would be paid to Developer on November 1, 2016 and May 1, 2017.)
D. The Economic Development Grants shall be payable from and secured
solely and only by the Developer Tax Increments paid to City that, upon receipt,
shall be deposited and held in a special account created for such purpose and
designated as the South Pointe TIF Account of City. City hereby covenants and
agrees to maintain its TIF ordinance in force during the term and to apply the
incremental taxes collected in respect of the Property and improvements and
allocated to the South Pointe TIF Account to pay the Economic Development
Grants, as and to the extent set forth in Section 3.12(A) hereof. The Economic
Development Grants shall not be payable in any manner by other tax increments
revenues or by general taxation or from any other City funds. City makes no
representation with respect to the amounts that may be paid to Developer as the
Economic Development Grants in any one year and under no circumstances
shall City in any manner be liable to Developer so long as City timely applies the
Developer Tax Increments actually collected and held in the South Pointe TIF
Account (regardless of the amounts thereof) to the payment of the Economic
Development Grants to Developer as and to the extent described in this Section.
City shall be free to use all tax increment revenues collected in respect of other
properties within the Project Area, or any available Developer Tax Increments
resulting from the termination of the annual Economic Development Grants
under Section 3.12 hereof, for any purpose for which such tax increment
revenues may lawfully be used pursuant to the provisions of the Urban Renewal
Law, and City shall have no obligations to Developer with respect to the use
thereof.
SECTION 4. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non -Appropriation. Notwithstanding anything in this Agreement to the contrary,
the obligation of City to pay any installment of the Economic Development Grants from
the pledged tax increment revenues shall be an obligation limited to currently budgeted
funds, and not a general obligation or other indebtedness of City or a pledge of its full
faith and credit within the meaning of any constitutional or statutory debt limitation, and
shall be subject in all respects to the right of non -appropriation by the City Council of
City as provided in this Section. City may exercise its right of non -appropriation as to
the amount of the installments to be paid during any fiscal year during the term of this
Agreement without causing a termination of this Agreement. The right of non -
appropriation shall be exercised only by resolution affirmatively declaring City's election
to non -appropriate funds otherwise required to be paid in the next fiscal year under this
Agreement.
In the event the City Council of City elects to not appropriate sufficient funds in the
budget for any future fiscal year for the payment in full of the installments on the
Economic Development Grant due and payable in that future fiscal year, then City shall
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have no further obligation to Developer for the payment of any installments due in that
future fiscal year which cannot be paid with the funds then appropriated for that
purpose.
4.2 The right of non -appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, to ensure that City's obligation to pay future
installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional or statutory
debt limitation prior to the adoption of a budget which appropriates funds for the
payment of that installment or amount. In the event any of the provisions of this
Agreement are determined by a court of competent jurisdiction to create, or result in the
creation of, such a legal indebtedness of City, the enforcement of the said provision
shall be suspended, and the Agreement shall at all times be construed and applied in
such a manner as will preserve the foregoing intent of the parties, and no event of
default shall be deemed to have occurred as a result thereof. If any provision of this
Agreement or the application thereof to any circumstance is so suspended, the
suspension shall not affect other provisions of this Agreement which can be given effect
without the suspended provision, and to this end the provisions of this Agreement are
severable.
SECTION 5. COVENANTS OF DEVELOPER.
5.1 Books and Records. During the term of this Agreement, Developer shall keep at
all times proper books of record and account in which full, true, and correct entries will
be made of all dealings and transactions of or in relation to the business and affairs of
Developer in accordance with generally accepted accounting principles consistently
applied throughout the period involved, and Developer shall provide reasonable
protection against loss or damage to such books of record and account.
5.2 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 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 294 and 427, as
amended.
5.3 Preservation of Development Property. During the term of this Agreement,
Developer shall maintain, preserve, and keep, or cause others to maintain, preserve,
and keep, the improvements in good repair and working order, except for ordinary wear
and tear, and from time to time shall make all necessary repairs, replacements,
renewals, and additions. Nothing in this Agreement, however, shall be deemed to alter
any agreements between Developer or any other party including, without limitation, any
agreements between the parties regarding the care and maintenance of the
Development Property.
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5.4 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, gender identity, national origin, age, or disability.
5.5 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.
5.6 Non-Transferabilitv. Until the improvements are complete this Agreement may
not be assigned by Developer nor may the Development Property be transferred by
Developer to another party without the prior written consent of City, which shall not be
unreasonably withheld. Thereafter, Developer shall have the right to assign this
Agreementandupon assumption of the Agreement by the assignee, Developer shall no
longer be responsible for its obligations under this Agreement.
5.7 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Development Property or any part thereof that
they, and their respective successors and assigns, shall:
A. Devote the Development 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 Development Property as a residential development is in full
compliance with the Urban Renewal Plan) (however, Developer shall not have
any liability to City to the extent that a successor in interest shall breach this
covenant and City shall seek enforcement of this covenant directly against the
party in breach of same); and
B. 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 Development Property or any improvements
erected or to be erected thereon, or any part thereof (however, Developer shall
not have any liability to City to the extent that a successor in interest shall breach
this covenant and City shall seek enforcement of this covenant directly against
the party in breach of same).
5.8 Release and Indemnification Covenants.
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A. Developer releases City and the governing body members, officers,
agents, servants, and employees thereof (hereinafter, for purposes of this
Section, the Indemnified Parties) from, covenants and agrees that the
Indemnified Parties shall not be liable for, and agree to indemnify, defend, and
hold harmless the Indemnified Parties against any loss or damage to property or
any injury to or death of any person occurring at or about or resulting from any
defect in the improvements.
B. Except for any gross negligence, willful misrepresentation, or any willful or
wanton misconduct or any unlawful act of the Indemnified Parties, Developer
agrees to protect and defend the Indemnified Parties, now or forever, and further
agrees to hold the Indemnified Parties harmless, from any claim, demand, suit,
action, or other proceedings whatsoever by any person or entity whatsoever
arising or purportedly arising from: (1) any violation of any agreement or
condition of this Agreement (except with respect to any suit, action, demand, or
other proceeding brought by Developer against City based on an alleged breach
of any representation, warranty, or covenant of City under this Agreement and/or
to enforce its rights under this Agreement); or (2) the acquisition, construction,
installation, ownership, and operation of the improvements; or (3) the condition
of the Development Property and any hazardous substance or environmental
contamination located in or on the Development Property, caused and occurring
after Developer takes possession of the Development Property.
C. The Indemnified Parties shall not be liable to Developer for any damage
or injury to the persons or property of Developer or its officers, agents, servants,
or employees or any other person who may be on, in or about the improvements
due to any act of negligence of any person, other than any act of negligence on
the part of any such Indemnified Party or its officers, agents, servants, or
employees.
D. All covenants, stipulations, promises, agreements, and obligations of City
contained herein shall be deemed to be the covenants, stipulations, promises,
agreements, and obligations of City, and not of any governing body member,
officer, agent, servant, or employee of City in their individual capacity thereof.
E. The provisions of this Section shall survive the termination of this
Agreement.
5.9 Compliance with Laws. Developer shall comply with all laws, rules, and
regulations relating to its businesses, other than laws, rules, and regulations for which
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 6. EVENTS OF DEFAULT AND REMEDIES.
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6.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
A. Failure by Developer to pay or cause to be paid, before delinquency, all
real property taxes assessed with respect to the improvements and the
Development Property. After the issuance of the Certificate of Completion,
however, such event shall not entitle City to the remedy provided in Section 6.2.
B. Failure by Developer to cause the construction of the improvements to be
commenced and completed pursuant to the terms, conditions, and limitations of
this Agreement.
C. Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation, or agreement on its part to be observed
or performed under this Agreement.
6.2 Remedies on Default by Developer. Whenever any Event of Default referred to
in Section 6.1 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
Development 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:
A. City may suspend its performance under this Agreement until it receives
assurances from the defaulting party, deemed adequate by City, that the
defaulting party will cure its default and continue its performance under this
Agreement;
B. City may take any action, including legal, equitable, or administrative
action, which may appear necessary or desirable to collect any payments due
under this Agreement or to enforce performance and observance of any
obligation, agreement, or covenant under this Agreement.
6.3 No Remedy Exclusive. Except as otherwise provided in this Agreement, no
remedy herein conferred upon or reserved to City is intended to be exclusive of any
other available remedy or remedies, but 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.
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6.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such waiver
shall be limited to the particular breach so waived and shall not be deemed to waive
any other concurrent, previous, or subsequent breach hereunder.
6.5 Agreement to Pav Attorneys' Fees and Expenses. If any action at law or in
equity, including an action for declaratory relief or arbitration, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of litigation from the other party. Such
fees and costs of litigation may be set by the court in the trial of such action or by the
arbitrator, as the case may be, or may be enforced in a separate action brought for that
purpose. Such fees and costs of litigation shall be in addition to any other relief that
may be awarded.
6.6 Remedies on Default by City. If City defaults in the performance of this
Agreement, Developer may take any action,including legal, equitable, or administrative
action that may appear necessary or desirable to collect any payments due under this
Agreement, to recover expenses of Developer, or to enforce performance and
observance of any obligation, agreement, or covenant of City under this Agreement.
Developer may suspend their performance under this Agreement until they receive
assurances from City, deemed adequate by Developer, that City will cure its default and
continue its performance under this Agreement.
SECTION 7. GENERAL TERMS AND PROVISIONS.
7.1 Notices and Demands. Whenever this Agreement requires or permits any notice
or written request by one party to another, it shall be deemed to have been properly
given if and when delivered in person or three (3) business days after having been
deposited in any U.S. Postal Service and sent by registered or certified mail, postage
prepaid, addressed as follows:
If to Developer:
With copy to:
If to City:
South Pointe, L.L.C.
Attn: Holly Lovell
600 Star Brewery Drive
Dubuque, IA 52001
Doug Henry
Fuerste Law Firm
890 Main Street, Suite 200
Dubuque, IA 52001
City of Dubuque
Attn: City Manager
50 W. 13th Street
Dubuque, Iowa 52001
Page of
With copy to: City Attorney's Office
300 Main Street, Suite 330
Dubuque, IA 52001
or at such other address with respect to any party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
7.2 Bindina Effect. This Agreement shall be binding upon and shall inure to the
benefit of City and Developer and their respective successors and assigns.
7.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on June 30, 2029 (the Termination Date) pursuant to Iowa
Code §403.22.
7.4 Execution bv Facsimile or Email. The parties agree that this Agreement may be
transmitted among them by facsimile machine or email. The parties intend that the
faxed or scanned signatures constitute original signatures and that a faxed or scanned
Agreement containing the signatures (original, faxed, or scanned) of all the parties is
binding on the parties.
CITY OF DL4UQUE, IOWA
By: Iv Di
Roy D.- Buol ayor
By: (
Kevin Fii-rWtahl, City Clerk
Page of
DUBUQU OU/I
TH TE, L.L.0
/ C.-.-
By:
Its: \
LIST OF EXHIBITS
Exhibit A Urban Renewal Plan
Exhibit B Plats
Exhibit C Access Easement, Secondary Emergency Access Road
Exhibit D McNamer and Woodward Easements
Exhibit E Woodward, McNamer, and Waller Phase II Easements
Exhibit G Waller Phase I and Leonard Easements
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EXHIBIT A
URBAN RENEWAL PLAN
URBAN RENEWAL PLAN
South Pointe Housing Urban Renewal Area
City of Dubuque, Iowa
Prepared by the Economic Development Department.
March 2017
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TABLE OF CONTENTS
A. INTRODUCTION
B. DESCRIPTION OF THE URBAN RENEWAL AREA
C. AREA DESIGNATION
D. BASE VALUE
E. DEVELOPMENT PLAN
F. RESIDENTIAL DEVELOPMENT
G. AREA OBJECTIVES
H. TYPE OF RENEWAL ACTIVITIES
I. PROPOSED PROJECTS
J. FINANCIAL DATA
K URBAN RENEWAL FINANCING
L. PROPERTY ACQUISITION/DISPOSITION
M. RELOCATION
N. STATE AND LOCAL REQUIREMENTS
O. SEVERABILITY
P. URBAN RENEWAL PLAN AMENDENTS
Q. EFFECTIVE PERIOD
R. PROPERTY WITHIN URBAN REVITALIZATION AREA
S. JOINT CITY/COUNTY AGREEMENT
ATTACHMENTS
A. MAP OF URBAN RENEWAL AREA
B-1. MAP OF EXISTING LAND USE
B-2. MAP OF FUTURE LAND USE
C. SUMMARY OF BONDED INDEBTEDNESS
D. LEGAL DESCRIPTION OF URBAN RENEWAL AREA
E. ZONING MAP
F. JOINT CITY/COUNTY AGREEMENT
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A. INTRODUCTION
This Urban Renewal Plan for the South Pointe Housing Urban Renewal Area
("Plan' or "Urban Renewal Plan") has been developed to help local officials
promote housing and residential development in the City of Dubuque ("City").
The primary goal of the Plan is to stimulate, through public involvement and
commitment, private investment in new housing and residential development as
defined by the Iowa Code Section 403.17(12).
In order to achieve this objective, the City intends to undertake urban renewal
activities pursuant to the powers granted to it under Chapter 403 and Chapter
15A of the Code of Iowa, as amended.
B. DESCRIPTION OF THE URBAN RENEWAL AREA
The South Pointe Housing Urban Renewal Area ("Area' or "Urban Renewal
Area') is illustrated in Attachments A, B-1, and B-2 and described in Attachment
D_
The City reserves the right to modify the boundaries of the Area at some future
date. Any amendments to the Plan will be completed in accordance with Chapter
403 of the Iowa Code ("Urban Renewal Law").
C. AREA DESIGNATION
Wth the adoption of this Plan, the City designates this Urban Renewal Area as
an economic development area that is appropriate for the provision of public
improvements related to housing and residential development.
D. BASE VALUE
If the Urban Renewal Area is legally established, a tax increment financing
('TIF") ordinance is adopted, and debt is certified prior to December 1, 2017,the
taxable valuation within the area included in the TIF ordinance as of January 1,
2016, will be considered the "base valuation." If debt is not certified until a later
date, the "base value" will be the assessed value of the taxable property in the
TIF ordinance area as of January 1 of the calendar year preceding the calendar
year in which the City first certifies the amount of any debt.
3_
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E. DEVELOPMENT PLAN
The City Council has approved a general plan for the physical development of
the City as a whole, outlined in the 2012 City of Dubuque Comprehensive Plan
that was adopted by the City Council on February 6, 2012. The goals,
objectives, and projects in this Urban Renewal Plan are in conformity with the
City's Comprehensive Plan.
The Urban Renewal Area is subject to zoning ordinances adopted by the City
and County of Dubuque, and includes the following zoning classifications: City
R-1, City R-2, City R-3, City G2, City C-3, City C-3c, City AG, City PI, and City
PR; and County M-1. See Attachment E for details.
This Urban Renewal Plan does not in any way replace the City's current land use
planning or zoning regulation process.
For details on current and proposed land use, see attached land use maps,
Attachments B-1 and B-2.
The need for improved traffic, public transportation, public utilities, recreational
and community facilities,or other public improvements within the Urban Renewal
Area is set forth in this Plan, as amended. As the Area develops, the need for
public infrastructure extensions and upgrades will be evaluated and planned for
by the City.
F. RESIDENTIAL DEVELOPMENT
The City's objective in the Urban Renewal Area is to promote new housing and
residential development.
When a City utilizes tax increment financing to support residential development,
a percentage of the incremental revenues (or other revenues) generated by the
project (not to exceed the project costs which are limited to reimbursement of
'public improvement' casts as defined by Iowa law) must be used to provide
assistance for low and moderate income ("LMI")family housing. LMI families are
those whose incomes do not exceed 80% of the median Dubuque County
income. LMI families include single person households.
Unless a reduction is approved by the Iowa Economic Development Authority,
the percentage of incremental revenues used to provide LMI family housing
assistance must be at least equal to the percentage of LMI families living in
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Dubuque County, as determined by the U.S. Department of Housing and Urban
Development using Section 8 guidelines_ The percentage of LMI families living in
Dubuque County has been determined to be 37.94%. Incremental revenues
equal to at least 37.94% of the project costs described in Section I therefore will
be used by the City to provide LMI family housing assistance.
The assistance for LMI family housing may be provided anywhere within the City
and may include, but is not limited to:
1. Lots for LMI housing within or outside the Urban Renewal Area;
2. Construction of LMI housing within or outside the Urban Renewal Area;
3. Grants, credits or other direct assistance to LMI families living within or
outside the Urban Renewal Area, but within the area of operation of the
municipality;
4. Payments to a LMI housing fund established by the City to be expended
for one or more of the above purposes, including matching funds for any
state or federal moneys used for such purposes.
G. AREA OBJECTIVES
Renewal activities are designed to provide opportunities, incentives, and sites for
new residential development within the Urban Renewal Area and to provide
housing assistance to LMI families.
More specific objectives for development within the Urban Renewal Area are as
follows:
1. To increase the availability of housing opportunities, which may in turn
attract and retain local industries and commercial enterprises that will
strengthen and revitalize the economy of the State of Iowa and the City
of Dubuque.
2. To stimulate through public action and commitment, private investment in
new residential development.
3. To plan for and provide sufficient land for residential development in a
manner that is efficient from the standpoint of providing municipal
services.
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4. To help finance the cost of water mains, sanitary sewer, storm sewer,
and street construction (including curb and gutter), as well as other public
improvements in support of new housing development.
5. To provide a more marketable and attractive investment climate.
6. To improve the housing conditions and housing opportunities for -Ml
families.
H. TYPE OF RENEWAL ACTIVITIES
To meet the objectives of this Urban Renewal Plan and to encourage the
development of the Urban Renewal Area, the City intends to utilize the powers
conferred under Chapter 403 and Chapter 15A, Cade of Iowa including, but not
limited to,tax increment financing. Activities may include:
7. To undertake and carry out urban renewal projects through the
execution of contracts and other instruments.
2. To arrange for or cause to be provided the construction of public
infrastructure including but not limited to streets, water mains,
sanitary sewer, storm sewers, or other public improvements in
connection with urban renewal projects.
3. To finance programs which will directly benefit housing conditions
and promote the availability of housing in the community.
4. To make loans, grants, rebates, or other types of economic
development grants or incentives to private persons, local
development organizations, or businesses to promote housing
projects on such terms as may be determined by the City Council.
5. To borrow money and to provide security therefor.
6. To make or have made surveys and plans necessary for the
implementation of the urban renewal program or specific urban
renewal projects.
T To use tax increment financing for a number of objectives, including
but not limited to, providing for necessary physical improvements
and infrastructure.
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8. To provide for the construction of specific site improvements such as
grading and site preparation activities, access roads and parking,
fencing, utility connections, and related activities.
9. To use any or all other powers granted by the Urban Renewal Act to
develop and provide for improved economic conditions for the City of
Dubuque and the State of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to
exercise any lawful power granted to the City under Chapter 15, Chapter
15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa
in furtherance of the objectives of this Urban Renewal Plan.
I. PROPOSED PROJECT
1. Public Improvements. This urban renewal project involves the
construction of public infrastructure to serve a new approximately 184-lot
subdivision under development by Dubuque South Pointe, LLC or a
related entity ("Developer'). The City expects to construct certain public
improvements in the Area including a public recreational area, fiber
conduit, stormwater, sanitary, 8 water utility improvements, and road
improvements. The estimated time period for completion of this project is
2017—2025. The total cost for construction of the public improvements
shall not exceed$2.2 million.
2. Development Agreement. This proposed urban renewal project involves
providing incentives necessary to construct certain public improvements in
a new noni subdivision. The City expects to provide assistance to the
Developer in the form of property tax rebates of potential incremental
taxes, under the terms of a rebate agreement between the City and the
Developer. Under the proposal, some of the incremental property tax
generated from the new houses constructed within the Urban Renewal
Area pursuant to Iowa Code Section 403.19 is expected to be rebated to
the Developer (in an amount not to exceed the Developer's certified costs
of constructing certain of the required public improvements or $522,750
(or such lesser amount as may be determined by the City Council),
whichever is less, for a period of time to be determined by the City
Council, but in no event shall the rebates be available fora period of more
than 10 years. These rebates will not be general obligations of the City,
but will be payable solely from incremental property taxes generated by
the project.
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The City will set aside at least 37 94% of the incremental taxes generated
by the project (up to a maximum of the Developer's certified costs of
public improvements) and use those funds to support LMI family housing
anywhere in the community. The remaining incremental taxes will be
available to reimburse the City for its planning, legal and other project
costs, public improvement costs, and to fund property tax rebates of the
Developer up to the above stated maximum all in accordance with Iowa
Code§403.19.
3. Planning, engineering fees(for urban renewal plans), attorney fees, other
related costs to support urban renewal projects consistent with the
provisions of Section 4036 and Section 403.12 including, but not limited
to, staffing and personnel related expenses such as salary incurred by the
economic development, engineering, and planning departments and other
City personnel related to and supporting economic development and
urban renewal projects within the Area. Such fees and expenses shall not
exceed$50,000.
J. FINANCIAL DATA
1. July 1, 2017, Constitutional debt limit: $207,174,109(see Attachment C)
2. Outstanding general obligation debt: $146,234,391 (see Attachment C)
3. Proposed amount of indebtedness to be incurred: A specific amount of
indebtedness to be incurred for the Proposed Projects has not yet been
determined. This document is for planning purposes only. The estimated
project costs in this Plan are estimates only and will be incurred and spent
over a number of years. In no event will the City's constitutional debt limit
be exceeded. The City Council will consider each project proposal on a
case-by-case basis to determine if it is in the City's best interest to
participate before approving an urban renewal project or expense. If is
further expected that such indebtedness, including interest on the same,
may be financed in whole or in part with tax increment revenues from the
Urban Renewal Area. Subject to the foregoing, it is estimated that the
cost of the Proposed Projects as described above will be approximately
$2.8 million.
K. URBAN RENEWAL FINANCING
The City intends to utilize various financing tools such as those described below
to successfully undertake the proposed urban renewal actions. The City has the
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statutory authority to use a variety of tools to finance physical improvements
within the Area. These include.
1. Tax Increment Financing
Under Section 403.19 of the Iowa Code, urban renewal areas may
utilize the tax increment financing mechanism to finance the costs
of public improvements or economic development incentives
associated with redevelopment projects. Upon creation of a tax
increment district within the Area, by ordinance, the assessment
base is frozen and the amount of tax revenue available from taxes
paid on the difference between the frozen base and the increased
value, if any, is segregated into a separate fund for the use by the
Cay to pay costs of the eligible urban renewal projects. The
increased taxes generated by any new development, above the
base value, are distributed to the taxing entities, if not requested by
the City.
2. General Obligation Bonds
Under Division III of Chapter 384 and Chapter 403 of the Iowa
Code,the City has the authority to issue and sell general obligation
bonds for specified essential and general corporate purposes,
including the acquisition and construction of certain public
improvements within the Area or incentives for development
consistent with this Plan. Such bonds are payable from the levy of
unlimited ad valorem taxes on all the taxable property within the
City. It may be the City will elect to abate some or all of the debt
service on these bonds with incremental taxes from this Area.
The City may also determine to use tax increment financing to provide incentives
such as cash grants, loans, tax rebates of other incentives to developers in
connection with urban renewal projects in the Plan or other urban renewal
projects. In addition, the City may determine to issue general obligation bonds,
tax increment revenue bonds or such other obligations, or loan agreements for
the purpose of making loans or grants of public funds to private businesses
located in the Area. Alternatively,the City may determine to use available funds
for making such loans or grants for urban renewal projects. In any event, the
City may determine to use tax increment financing to reimburse the City for any
obligations or advances.
Nothing herein shall be construed as a limitation on the power of the City to
exercise any lawful power granted to the City under Chapter 15, Chapter 15A,
Chapter 403, Chapter 4278, or any other provision of the Code in furtherance of
the objectives of this Urban Renewal Plan.
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L. PROPERTY ACQUISITION/DISPOSITION
Other than easements and public rights-of-way, no property acquisition by the
City is anticipated at this time. However, If any property acquisition/disposition
becomes necessary to accomplish the objectives of the Plan, urban renewal
powers will be carried out,without limitation, in accordance with Iowa Code.
M. RELOCATION
The City does not expect there to be any relocation required of residents or
businesses as part of the proposed urban renewal projects, however, if any
relocation is necessary,the City will follow all applicable relocation requirements.
N. STATE AND LOCAL REQUIREMENTS
All provisions necessary to conform to State and local laws will be complied with
by the City in implementing this Urban Renewal Plan and its supporting
documents.
O. SEVERABILITY
In the event one or more provisions contained in this Urban Renewal Plan, as it
may be amended, shall be held for any reason to be invalid, illegal, unauthorized
or unenforceable in any respect, such invalidity, illegality, lack of authorization or
enforceability shall not affect any other provision of this Urban Renewal Plan,and
this Urban Renewal Plan shall be construed and implemented as if such
provisions had never been contained herein.
P. URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Plan may be amended from time to time for a number of
reasons, including but not limited to, change in the area, to add or change land
use controls and regulations,to modify goals or types of renewal activities,to add
or change the urban renewal projects, or to amend property acquisition and
disposition provisions. The City Council may amend this Plan pursuant to
appropriate procedures under Iowa Code Chapter 403.
Q. EFFECTIVE PERIOD
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This Urban Renewal Plan will become effective upon its adoption by the City
Council and will remain in effect until it is repealed by the City Council.
Win respect to the property included within the Urban Renewal Area, which is
also included in an ordinance which designates that property as a tax increment
area and is designated based on an economic development finding,to provide or
to assist in the provision of public improvements related to housing and
residential development, the use of incremental property tax revenues of the
'division of revenue,' as those wards are used in Chapter 403 of the Code of
Iowa, is limited to ten (10) years beginning with the second fiscal year following
the year in which the City first certifies to the County Auditor the amount of any
loans, advances, indebtedness, or bonds which qualify for payment from the
incremental property tax revenues attributable to that property within the Urban
Renewal Area.
At all times,the use of tax increment financing revenues(including the amount of
loans, advances, indebtedness or bonds which quality for payment from the
division of revenue provided in Section 403.19 of the Code of Iowa) by the City
for activities carried out under the Urban Renewal Plan shall be limited as
deemed appropriate by the City Council and consistent with all applicable
previsions of law.
R. PROPERTY WITHIN URBAN REVITALIZATION AREA
The Urban Renewal Area is, or at some future date may be, located within an
Urban Revitalization Area under Chapter 404 of the Iowa Code. No tax
abatement incentives will be allowed for development that occurs in the Urban
Renewal Area unless previously authorized by the City Council.
S. JOINT CITY/COUNTY AGREEMENT
In accordance with Section 403.17(4) of the Code of Iowa, a City may exercise
urban renewal powers with respect to property which is located outside but within
two (2) miles of the boundary of a City only if the City obtains the consent of the
County within which such property is located. A Joint Agreement, which gives
the City permission to include property outside the City limits in the Urban
Renewal Area, has been executed by the City and Dubuque County. A form of
the Joint Agreement is attached as Attachment F. The original is on file at City
Hall.
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EXHIBIT B
PLAT OF SOUTH POINTE
SURYEU PERIMETER a
n: Final Plat of: iHi ® Ii
.. SOUTH POINTE pee i o p
•' IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. I�'sl ie s
ow is ws R �e M' uwrM NO1 xaE rAmvx
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41
Sheet 9 of 11
Surveyor's Certificate
I,Ten,L.Koelker,a Duly Licensed Land Surveyor in the State of Iowa,do hereby certify Mat the
following real estate was surveyed and platted by me or under my direct personal supervision,To Wit:
Lot 1 and Lot 1-1-2,hoth of Tower Investments Subdivision No,1,Lot 2-1-1-1-1-1-2-2 of M L.483,Lot
10 Mary Lou Place,and Lot 2 of Table Mound Mobile Home Park,all in the SW114 of Section 1,and
the SEI/4 of Section 2,T88N,R2E of Me 5"P.M.,in the City of Dubuque,Dubuque County,Iowa.
This survey wes performed for Me purpose of subdividing and piecing said real estate henceforth to be
Mown as SOUTH POINTE in the city of Dubuque,Dubuque County,Iowa. Total area idSOUTH
POINTE is 95.921 acres. All Lot areas are more or less and all Lots are subject to easements.
reservations.restrictions,and rgles-of-way a record and not of record,Me plat of which is attached
hereto and made a part of this mifificam. All monuments are placed or shall he placed within one year
from the data this plat Is recorded.
I hereby certify that this land surveying document was Prepared and the related survey work was
performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor
under to laws of the State of lava.
BY:
Terry L.Koelker Date
Licensed Land Surveyor
License No.15487 Umme Renewal Date:12/31117
Owner's Consent
Dubuque,lows ,2016
The(.agoing Fine l PIM of:SOUTH POINTE in the city of Dubuque,Dubuque County,Iowa,Is made
with Me hes comets and In....Maze with the desires of the undersigned.cone.and propmetore of
mid real assets. Wa hereby dedicate LOT A(Access to School),Lot C(Detention),Lot D(Detention),
LOT F(Rockdale Rd),LOT G(South Pointe Dr),LOT N(Weterlarri Lr),LOT 0(Ceder Tmll Dr),
LOT P(Summit HIII Dr.),and LOT O(Whimair Woods Ln.),and all easements shown to the public.
Dubuque Bouts Pointe,LLC
State a Iowa )
County./Dubuque ) as:
Onthl¢ dayof ,AD201S,before memo undersigned,A Notary
Public lnandtorthe Stateo/Iowa,personally appeared ,tome
personalty known,who,being duN mom did say that he is Me ,of
Dubuque South Pointe,LLC and that the seal affixed b the above instrument was signed and sealed
on behalf of said limited liability company by authority of he Board of Directors,and that said
acknowledged the execution of sent instrument to be the voluntary an
and dead of said limited liability company by it voluntarily executed.
Witness my hand and Notarial Seal on the data above written.
Notary Public in and for the State of Iowa
42
Sheet 10a 11
Attorney's Certificate
Dubuque,Iowa ,2016
TO WHOM IT MAY CONCERN:
This will comfy that I have examined the abstract of tli covering Lot 1 and Lot 1-1-2,both of Tower
Investments Subdivision No.1,Lot 2.1.1.1-1-1-2-2 of M L 483,Lot 1 of Mary Lou Placa,and Lot 2 of
Table Mound Mobile Home Park,all In the SW114 of Section 1,and the SEll4 of Ssotion 2.TESIT R2E
a the 5"P,M.,in the City of Dubuque,Dubuque County,Iowa.,according to Flab thereof covering the
period from government entry to
certified on that date by
and find that said abstract shows good and memhentable[de to said rem estate in
free and clear of all rens and encumbrances and shows areas
paid including taxes for the year
Adorney-at-Law
County Treasurer's Carnal
Dubuque,Iowa ,2016
I,the undersigned,Eric Seems ,Treasurer of Dubuque County,Iowa,do hereby cer ify that all taxes
levied against Lot 1 and Lot 1-1-2,both of Tourer Investments Subdivision No.1,Lot 2-1-1-1-1-1-2-2 of
M.L.483.Lot 1 of Mary Lou Place,aM Lot 2 of Table Mound Mobile Home Pork,all In the SW114 of
Section 1,and the SEI 14 of Section 2,T88N,R2E of the 5e P.M.,in the City of Dubuque,Dubuque
County,Iowa.,have been paid and said real estate's free from taxes as of this data.
Treasurer of Dubuque County,Iowa
Cho of Dubuque Plannina Services
Dubuque,Iowa ,2016
The foregoing Final PIM of:SOUTH POINTE in the City of Dubuque,Dubuque County.Iowa,Is hereby
approved by City Planner of the City of Dubuque,Iowa,and approval of said plat by the City Council of
the City of Dubuque 6 hereby recommended.
Planning Services Department
BY:
04 Planner of the City of Dubuque,IA
43
Sheet 11 of 11
City of Dubuque,Iowa
Dubuque,lows .2016
The undersigned.Roy D.Buol.Mayor and Kevin Fimstahl,Clerk of Me City of Dubuque,loxes,do
hereby codify that Me foregoing Final Plat of:SOUTH POINTE in the City of Dubuque,Dubuque
County,lows,and the dedication of LOT A(Access to School),Lot C(Detention),Lot D(Detention),
LOT F(Rockdale Rd.),LOT G(South Pointe Dr.),LOT N(Waterbndge Urr),LOT 0(Cedar Trail Dr.),
LOT P(Summit Hill Dr),and LOT 0(Whisper Woods Ln),and all easements shown to the public as
appears herefofore has been filed on day of ,2016 as resolution 0
in the offics of the City Clerk of Dubuque,Iowa and that the City Council of the City
of Dubuque,lava,approves said plat.
Mayor of the City of Dubuque.IA
Cleric of Me City of Dubuque,IA
City Assessors Certificate
Dubuque,Iowa .2016
The foregoing Final Plat at.SOUTH POINTE in the Oiry of Dubuque,Dubuque County.Iowa,was
entered of record in the Office older City Assessor of the City of Dubuque.Iowa,on the date first
written above.
Richard A.Engelken,City Assessor
City of Dubuque,IA
COJOb Auditor
Dubuque,low. ,2016
The foregoing Final Plat of:SOUTH POINTE in the City of Dubuque,Dubuque County.Iowa,was
entered of record in the office of Me Dubuque County Auditor this day of
2016.
We approve of the subdivision name or tie b be recorded.
Denise M.Dolan
County Auditor of Dubuque,Iowa
Recorders Certificate
Dubuque,Iowa ,2016
The foregoing Final Plat of:SOUTH POINTE in the City of Dubuque,Dubuque County.Iowa,has been
rewewed by the Dubuque County Recorder.
John Murphy
Dubuque County Recorder
44
EXHIBIT C
ACCESS EASEMENT SECONDARY EMERGENCY ACCESS . . .
EXHIBIT C �I =
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SOUTH POINTE DEVELOPMENT
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RESOLUTION t' C. 2105-17
APRROVING AN ACREIHMIENT BETWEEN THE CITY OF DUBUQUE, ICA AND
C UTH RO IN11E, U.L.CI. FCR 11HE DEVELOPMENT OF PRO RHRTY IN THE SC UTH
PC INTE HOUE IN C URBAN REN EWA U AREA
Whereas, the Clity Council, by Resolution Na. 66-'17, datec February 20, 2017,
c eclarec its iniEint io establish the Elor.ih Pointe I-ousing Urban Renewal Area; aric
Whereas, puna aril to published notice, a pr. blic hearing was I- eld ori il• a intent io
establish the Elor.ih Fointe Housing Urban Renewal Area ori Marsch 20, 2017 at 6:00
p.m. in ih e Ciiy Council Clhanmbers at the h isioric Federal Building, 350 W. 61h Eliueet,
Out uque, Iowa; and
WI- erieas, tf e City Council, following the put Iic hearing, by Resolution No. 10'I-
'17, approved the South Rloinile Housing Urban Renewal Area; and
Whereas, South Pointe, L.L.C. is ife owner of properly in ihe South Pointe
Housing Urban Renewal Area (11he Rlroperly); and
Whereas, the City CoL ncil anc Eloutl- Pointe, L.L.C. desire to enter info 1111e
AgreE ment attached r eriello for i he development of the Froperty; and
Whereas, it is ihe determinailion of the Clity Council tha11 approval of le
Agree meal according to the terms and conditions set out in it e Agreemen1I is in 11-e
public interE s11 of the Cily of Cut uque.
NOW, THEREFORE, BE IT RES C UVEID BY THE CITY COUN CIL CR THE CITY
OF DUE UQLB, IOWA:
Election 1. That the Agreement by and between i f- e City of C ubuque arid South
Fointe, L.L.C. is hereby approved.
Section 2. Thal ihe Mayor is hereby ar.ihonizec and directled io execute the
Agreement ori behalf of it' e City arid City Clerk is authorised anc directec io attest to I -is
signature.
Sec11 ion 3. Thai 11 he Cily Manager is au1 horizE c to take sr. ch actions as ane
necessary to comply with the terms cf the Agrieement as henEiin appro\,ed.
PASSBD, A F RIROVED, AND ADOPTED this 5th c ay ` June, 20'17.
frU
Roy D. Br. oMayor
Al1T8El11:
Kevin S. Firnsiahl, Cily Clerk
CER1IFICAIIE of the CITY CLERK
STATE OR IOWA )
SS:
COU NTY OF DUBUQUE )
I, Kevin E.. Firnstar I, dc heret y certify than I am the duly appointed, qt. alifiE d, Cily Clerk
cf 11hE City cf Dubuque, Iowa, in the Counily aforesaid, arid as such City Clerk, I I aN,e in
my possession c r I. ave aciciess tc the records of the proceedings of 1I- e City Council. 1
dc further spate than the hErretc atilached Rescilutioni Nc. 1105-17 is a 11rue and conned
ccpy of the original.
In Testirncny \P hereof, I herei. nto set my hand and official seal of the Cilly of Dut uque,
Iowa.
Dailed at Dubuque, Icwa, cn 11his 1st c ay of September, 2017.
Ke in S. Firnst}ahl, CMC, City Clenk
STATE OF IOWA {SS:
DUBUQUE COUNTY
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CERTIFICATION OF PUBLICATION N
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher j
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 y
on the following dates: May 19, 2017, and for which the charge is $32.88.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this.3,_day of� Ja.4.-t' 20 12
Notary Public in and for Du uque County, Iowa. ?
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ARY K85
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>NOTICEOFNOTICE
HEARING;' A PU TLl
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THE CIT,y UNCIL =.OF -
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.INTENT TO gppgOVE
AN-'AGREEMENT
BEU N THE FCITY QF
4UE: qND';;
SOUTH'PQIN.TL
AND THE4PROPOSED,
'AUTHORIZATION''rOF''
'.REIMBURSEMENT OF
SOUTH POINTE,L:L,C;;
'FOR+,� INFRgSTRUC= .
TUBE •'IMPROVE='
�IIifE[VTS"FROM`Tqx
INCREMENT. ,RE.VIt
/ NUE
'� TFIERE'POas RELATING�:
i wyP.UBLICNOTICE rs•�
hereby giveWith'
ther`'
ofr Dubupue�oftheECrty"
hbltl�<ax�publ c hearing
2017ne"5thitlay�ofJune z.
rCrt "�aY6y00prp�m�the�l
�1 Y C,ounal Chambers''
�atthe gHrstorrc��FederaL;'
E Dubu n e"M
F which meetinowa at
n�cllP�p�roposes Crto;:
-
,�a
t�� g[eementi betwe"en?
j+'ane�i'"7�s�CC�rrSouthp�K�o�nt�
;,and fort the r
k authori anon antl-'exe
mentn ofaSthe eml
reimbursement of=tof
South,Pointe LL Q,for r
"r
cubiedtFier- 1 e-L.,s
% rem from'tax"'
:'tncremenf revenue;in;
border to�;;carry out�the'
purposes ;and objet,:;
['Point °f theinsouth.
e Hdusmg Urb"an�
;Renewal area Ecago-�`
-:mrc Development-Dis,-`
tact;un8er the terms.
antl conditions of said
Flgreement antln;'
Renewal -Plan.. 1.The
aggregate:amoemunt off
„the reimbursents
t
cannot-be determrq_ed; .
athe present 44.0 +
but is not -,ecte- to
.exceed$230®0"O v xD
CitAt theefm9 Cher"
Y
�'recerve�Mro21 ianvdM
wirifteobiections from
Y: res�denior pro
,.Perry ovuner'=of said;
Cify; to�+the •�above��
actiohgfteallob�ec
�tions?; have -been re
ceiveii antl corrsidered,�
h s City Council may at'
meeting or at any':•`
ad�ounment thereof,-
aPP,raGe theh`aggree-
rnent`�and `authorize:,:
such�;sreimburseriients
or abandon the,pro
posal 'By orderthe;
City ��Council
heanng!'eand a'ppealsa
therefrom 5hall:be held'f'
in accordance with-and'
governed by the';pr'o-
visions?ofSection 403.9.
ofthe;Cotleofilowa ,;
`° qny visual o'r heanrig:
impaired persons need=
in9 specia4.rassista'nce?
or persons with special
raccessTbilaty� r:needs
;should cohtact the'City
Clerks=`Office
�'S89 4100•'or
690 6678•'°,at least gg
'hours prror� ,to h'e
'meefing �G:
This notide isgivehy^'
order of„ the vCtty
C0
IV4of=the Crty bf'
Dubuque„Iowa asprb°-;
vided by Chapter 403
of the;Codetofilowa
May 2pl�is^19th day of
Ci ,Kevin S Firnstahl
ty Clerk df�Dubuque
lt5/,19, Iowa=
WM/ 7/7'af,i) //%704(7,
RECORDER'S COVER SHEET
ASSIGNMENT OF EASEMENTS
Preparer Information:
Crenna M. Brumwell
300 Main Street, Suite 330
Dubuque, IA 52001
Phone: (563) 589-4381
Taxpayer Information:
City of Dubuque, Iowa
50 West 13th Street
Dubuque, IA 52001
Return Document To:
Crenna M. Brumwell
300 Main Street, Suite 330
Dubuque, IA 52001
11
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uu
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Doc ID 008723420003 Type GEN
Kind: EASEMENT
Recorded: 10/19/2017 at 03:37:20 PM
Fee Amt: $38.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
File2017-00013059
Legal Description:
Lot 1 and Lot 1-1-2, both of Tower Investments Subdivision No. 1, Lot 2-1-1-1-1-1-2-2 of
Mineral Lot 483, Lot 1 of Mary Lou Place, and Lot 2 of Table Mound Mobile Home Park,
all in the Southwest 1/4 of Section 1, and the Southeast 1/4 of Section 2, Township 88
North, Range 2 East, of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa
Grantors: Grantees:
Dubuque South Pointe, LLC City of Dubuque, Iowa
Document or instrument number of previously recorded documents:
File 2017-00011706 — Agreement by and between the City of Dubuque, Iowa, and
Dubuque South Pointe, LLC
testi (h (L
Prepared by and Return to: Douglas M. Henry, AT0003395, Fuerste, Carew, Juergens & Sudmeier, P.C.,
890 Main Street, Suite 200, Dubuque, IA 52001; Telephone: (563) 556-4011
SPACE ABOVE THIS LINE FOR RECORDER
Address Tax Statement: Clerk
City of Dubuque
1301 Central Avenue
Dubuque, IA 52001
ASSIGNMENT OF EASEMENTS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Dubuque South Pointe, LLC, a limited liability company, Grantor, does hereby
sell, assign and dedicate, absolutely and without recourse, all of its right, title and interest in the
following easements to the City of Dubuque, Iowa, Grantee:
A. A Water and Sanitary Sewer Easement given by Kristin K. Vaassen as Trustee of the
Kristin K. Woodward Trust dated December 9, 2010, recorded July 25, 2017, as Instrument
#2017 — 9186, records of the Dubuque County Recorder;
B. A Water and Sanitary Sewer Easement given by Martin J. McNamer and Nancy A.
Comer-McNamer, recorded July 25, 2017, as Instrument #2017 — 9188, records of the
Dubuque County Recorder;
C. Sanitary Sewer Easements given by Wanda Ross and Sarah J. Jecklin, Trustees of the
Raymond and Joan Waller Irrevocable Trust dated December 23, 2016, recorded October 5,
2017, as Instrument #2017 — 12505, records of the Dubuque County Recorder; and
D. A Water and Sanitary Sewer Easement given by VPL Properties, L. L. C., an Iowa
limited liability company, recorded July 25, 2017, as Instrument #2017 — 9191, records of the
Dubuque County Recorder.
Page 1 of 2
By acceptance of this sale, assignment and dedication, the Grantee City of Dubuque, Iowa,
agrees that upon Grantor's completion of construction of improvements within the easements,
inspection and acceptance by the City Council, and restoration of the surface of each easement
as required by the terms of the above-described instruments, the Grantee City of Dubuque will
assume all obligations of the Grantor according to the terms of said instruments including,
without limitation, obligations to maintain, indemnify, defend and hold harmless.
Dated this k day of ncl 61 , 2017.
DUBUQUE SOUTH POINTE, LLC,
a limited liability company, Grantor
By //IAA .
M. J. Klauer, Member
STATE OF IOWA )
) ss:
DUBUQUE COUNTY) lO
This instrument was acknowledged before me on OC�d �1 , 2017, by M. J.
Klauer on behalf of Dubuque South Pointe, LLC a limited liability company, Grantor.
My msESp. APR
8
9HL
Commission
os\c\,‘,\\
Notary Public for State of Iowa
Page 2 of 2