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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 i i i i • 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 20i7-I17t/n G Lmi k . i A9 -( ,e( J 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 G = 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 c,t 2w (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 Page of 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 Page of 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 Page of 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 Page of 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. Page of 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 Page of 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 Page of 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 Page of 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 Page of 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 Page of 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 Page . of 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. Page of 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 Page of 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 Page of 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 Page of 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. Page of 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. Page of 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. Page of 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. Page of 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 23 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 24 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 -2- 25 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_ 26 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 -4- 27 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. 5- 28 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. -6- 29 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. 30 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 -x- 31 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. -9- 32 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 -10- 33 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. 34 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 .LL. •.i:a.—�...o 1E sfli� —1.z,�,..�.aF,»E am o.•...,rE w.ff w�E.wwwE muxr.sown. .v...W..d I , � I � . •or ,wear wun ♦ __ --- ---------------- _. • a.aw !IFFY 1� a DWI, �¢r scut I" 30o' �g T 'T yyy €BHB§ -X .haw c•� w W w W r...� 3 3 W `V YY W .. � .�. ' 5 1 — 35 |•): / LOT E . ` § , ® » Gj /LOT 7 9 _LOT 55 . . _ , LOT 5 \ ® [ % }�0 - ® `: « / ! LOT ~ ` Z# ® .T A ® LO 12 D « / . q LOT 51 LOT 50 ( LOT 49 36 LOT E ° _ ^ /( q | ) � \ } { | / R fE ® _ ah - ` 37 m � 6 d amnn aru==a�'�^'un"`ru vm w.s x.eo.urs � ^ -- — + ` ---------------------- ------------ y x fi 5 +n LOT E ia'�aev� (FUMRE OEWLDPMMT) fa 3 j eamw E[y83i W w ! a � � scu I- = ioo' a$ 1 4°611 38 9 3 � ♦ z-u a u aw�wwuw wnn ru wvmo rtrn9av„ w.,,uw.w.v®wmenmw«e I _ f E I P 5 __ `�m¢46SO`�r4m+t- - aim[ ww wn \ III'I 983 b a a g93 ,r LOT E I A •____".___i 9a� (F=K DEKLO mENn a � �I 39 LOT E (NNPE DEVELOPMENT) 'I 'I �I C - '5ie5iv I �' ° 6 5 ..•.FSa``ue d -LL 'I 1 N =cH3 1 a G II 'I III scn�E i• - '00• Z: S 1w, Cal I I 1 EOE LBRROOK LN. 1 1 1 aLCLT 22 F g M 9 LOT 2 LOT 70 L0�]t LOT E � DEVELOPMENT) _ �jil i i 9 nnn a _ _ 7 LOT LOT 24 J -"TERBRIBOELPF.—i..m. _— i L0 174 — «Y Ii4LOT�40 '1 LOT14' rL18 _ Ali OT " r• �n� 40 1, TV i� T@tee iOCnLE Y 100' m Y uw II 91 II §b 6 6 g LOT21 0�p I LOC 1 i m I ` III 1� I I � s` `" §fig .^,"°'^ 'I� �• a e�m LOT M23a LOT�33 q - 4 . LOT 2 4� ',6 S •+„,rva ii } 3 g §b �aEu9 d4 LOµ„5• LOJ T 26 LOT 2LOT 2B LOT 29 - LOT ]0 �3 'LOT`3 agg z 'YB Lw °� L0µ31 .ra. Loll LOT': L09 L0µ,8 LOT J LOT 8 SLOT 5 L,_jm.4 ��wr J •L0 3J _ ,e �„ e ii Lo, o„„..._ .__� } r _1 ------ W ----- ---- -- LOT 2 1 F 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 = 45 SOUTH POINTE DEVELOPMENT _ � t EXft, JT D ' • a .i SOUTH POINTE DEVELOPMENT IXHIBIT E =� rr y' i g 9 w�. YILYYI�[YU'lYI � - SOUTH POINTE DEVELOPMENT EXHIBIT F IIS _ ti. SOUTH POINTE DEVELOPMENT ? �' 1 E IBITG..�,� rt ea � �r .M.t n i SOUTH POINTE DEVELOPMENT yk+� B 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 d 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. ? 4� p�AW. ARY K85 Gammisslarn Numbb! ��2 o�{Y CQmmisalAnD ;1 r i i u P; B h s clTr of Dueu4uE, ' �:IowA' >NOTICEOFNOTICE HEARING;' A PU TLl HE OF THE CIT,y UNCIL =.OF - QUE,,IOVyp F'D-B .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 11 11 uu 11 11 11 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