SS Event Center, LLC (aka Steeple Square) Development Agreement_UR TIF Obligations, 101 E 15th Copyrighted
December4, 2017
City of Dubuque Public Hearings # 3.
ITEM TITLE: SS Event Center, LLC (aka Steeple Square) Development
Agreement- 101 E. 15th Street
SUMMARY: Proof of publication on notice of public hearing to consider
approval the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations relating to a previously
approved DevelopmentAgreementwithSS EventCenter,
LLC, and the City Manager recommending approval.
RESOLUTION Approving the issuance of Urban Renewal
Tax Increment Revenue Obligations relating to a previously
approved DevelopmentAgreementwithSS EventCenter,
LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
SS Event Center Development Agreement-NNM Memo City Manager Memo
Staff Memo Staff Memo
DevelopmentAgreement Supporting Documentation
Resolution of Approval Resolutions
Proof of Publication Supporting Documentation
THE CITY OF Dubuque
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AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approving a Development Agreement between the City of Dubuque and
SS Event Center, LLC to Redevelop Property at 101 E. 15�h Street
DATE: November 29, 2017
Economic Development Director Maurice Jones recommends City Council approval of a
resolution approving tax increment financing obligations in a previously approved
Development Agreement between the City and SS Event Center, LLC for improvements
at 101 E. 15�h Street.
The plans for these buildings at Steeple Square include space for a daycare center,
opportunities for job training, and event space for social and community activities at a
cost of approximately $10 million, to be completed by October 1 , 2019.
The proposed Development Agreement provides for several incentives to encourage
the $10 million redevelopment of the property. The key elements are:
1 . Fa�ade, Design & Planning, and Financial Consultant grants totaling up to a
maximum of$35,000; and
2. 10 years of Tax Increment Finance (TIF) rebates of property tax increases.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Maurice Jones, Economic Development Director
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Dubuque Economic Development Department
THE CITY OF 50 West 13t"Street
All-AmericaCitY Dubuque,lowa 52001-4864
1 ' Office(563)589-4393
TTY(563)690-6678
° http://www.cityofdubuque.org
Masterpiece on the Mississippi 200,.2012•2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Approving A Development Agreement between the City of Dubuque
and SS Event Center, LLC to Redevelop Property at 101 E. 15t" Street
DATE: November 27, 2017
INTRODUCTION
This memorandum presents for City Council consideration and action the attached
resolution approving tax increment financing obligations in a previously approved
Development Agreement between the City and SS Event Center, LLC for improvements
at 101 E. 15t" Street.
BAC KG RO U N D
The buildings at 101 East 15th Street, the former St. Mary's church and rectory, have
been vacant or underutilized for several years. The Steeple Square Board has been
working for several years to fundraise in an effort to redevelop all of the buildings on the
former St. Mary's Church campus, located between 15th and 16th Streets along White
Street. The redevelopment of the former school building at 1501 Jackson Street has
created 12 apartments in the neighborhood, offering some programming from the
Opening Doors non-profit for permanent support housing for some of the residents, with
the remaining apartments available at market rate.
DISCUSSION
The plans for these buildings at Steeple Square include space for a daycare center,
opportunities for job training, and event space for social and community activities at a
cost of approximately $10 million, to be completed by October 1, 2019.
The proposed Development Agreement provides for several incentives to encourage
the $10 million redevelopment of the property. The key elements are as follows:
1. Fa�ade, Design & Planning, and Financial Consultant grants totaling up to a
maximum of$35,000; and
2. 10 years of Tax Increment Finance (TIF) rebates of property tax increases.
Additional terms and conditions of the disposition of the property are included in the
attached Development Agreement.
City Council has already approved Resolution 337-17 on October 12, 2017, which
approved the Development Agreement subject to the public hearing required by law for
the approval of tax increment financing obligations.
BUDGETIMPACT
The $35,000 in grants will be funded from the available Greater powntown TIF cash
balance.
RECOMMENDATION/ ACTION STEP
Based on the importance of the City's goal to assist in redeveloping the downtown
Washington Neighborhood area and former church and school sites, and the community
service based reuse plans, I recommend the City Council adopt the attached resolution
to approve the tax increment financing obligations in the development agreement.
Prepared by/Return to: Jill Connors, Economic Development. 50 W. 13th Street, Dubuque IA 52001, 563 589-4393
RESOLUTION NO. 380-17
APPROVING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE
OBLIGATIONS RELATING TO A PREVIOUSLY APPROVED DEVELOPMENT
AGREEMENT WITH SS EVENT CENTER, LLC
WHEREAS, City and SS Event Center, LLC have entered into a Development
Agreement, certain components of which are subject to the approval of the City Council, a
copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street,
Dubuque, Iowa; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on December 4, 2017 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa.; and
WHEREAS, it is deemed necessary and advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code
of Iowa, for the purpose of carrying out the rehabilitation of property located at 101 E.
15th Street as hereinafter described; and
WHEREAS, before said obligations may be approved, Chapter 403 of the Code of
Iowa requires that the City Clerk publish a notice of the proposal and of the time and
place of the meeting at which the City Council proposes to take action thereon and at
which meeting the City Council shall receive oral and/or written objections from any
resident or property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the issuance of urban renewal tax increment revenue obligations
relating to a previously approved development agreement between the City of Dubuque
and SS Event Center, LLC, a copy of which is attached hereto, is hereby approved.
Section 2. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 4th day of December, 2017.
Attest:
Kevi. ,5. rirnst4lil, City Clerk
c9a
oy D. Buol, Mayor
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA,
AND
SS EVENT CENTER, LLC
THIS DEVEL P ENT AGREEMENT(Agreement)dated for reference purposes the
��day of � 2017 is made and entered into by and between the City of
Dubuque, lowa (City) and SS Event Center, LLC (Developer).
WHEREAS, Developer is the owner of the following described real estate (the
Property),
CITY LOT 484; locally known as 101 East 15th Street �
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WHEREAS,the Property is located in the Greater powntown Urban Renewal District
(the District) which has been so designated by City Council Resolution 206-17 as a slum
and blighted area (the Project Area) defined by lowa Code Chapter 403 (the Urban
Renewal Law); and �
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WHEREAS, Developer will undertake the redevelopment of two vacant buildings �
located on the Property and will be operating the same during the term of this Agreement; �
and
WHEREAS, Developer will make a capital investment in building improvements,
equipment, furniture and fixtures in the Property (Project); and
WHEREAS, the Property is historically significant and it is in the City's best interest
to preserve the Property; and
WHEREAS, pursuant to lowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on May 18, 1967 and last amended on
June 5,2017, City has the authority to enter into contracts and agreements to implement �
the Urban Renewal Plan, as amended; and
WHEREAS, the Dubuque City Council believes it is in the best interests of the City
to encoura�e Developer in the development of the Property by providing certain incentives
as set forth herein.
NOW, THEREFORE, the parties to this Development Agreement, in consideration
of the promises, covenants and agreements made by each other, do hereby agree as
follows:
SECTION 1. REPRESENTATIONS AND WARRANTIES
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1.1 Representations and Warranties of City. In order to induce Developer to enter into
this Agreement, City hereby represents and warrants to Developer that to the best of City's q
knowledge: �
(1) As of the Closing, City will have obtained all necessary approvals and
consents for its execution, delivery and performance of this Agreement and that it
will have full power and authority to execute, deliver and perForm its obligations
under this Agreement. City's attorney shall issue a legal opinion to Developer at
time of closing confirming the representation contained herein, in the form attached
hereto as Exhibit Ao
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(2) City shall exercise its best efforts to cooperate with Developer in the
development process. �
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
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transactions contemplated hereby, and the fulfillment of or compliance with the �
terms and conditions of this Agreement are not prevented by, limited by, in conflict �
with, or result in a violation or breach of, the terms, conditions or provisions of the �
charter of City, any evidence of indebtedness, agreement or instrument of whatever '�
nature to which Gity is now a party or by which it or its property is bound, or �
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City or which
affects the validity of the Agreement or City's ability to perForm its obligations under
this Agreement.
(6) No ordinance or hearing is now before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies,the
cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
modify, or re-align any street or highway providing access to the Property and there
are no pending or intended public improvements or special assessments affecting
the Property which will result in any charge or lien be levied or assessed against the
Property.
(7) The representations and warranties contained in this article shall be correct
in all respects on and as of the Closing Date with the same force and effect as if
such representations and warranties had been made on and as of the Closing Date.
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(8) As of the date of this Agreement there has been prepared and approved by
City an Urban Renewal Plan for the Project Area consisting of the Urban Renewal
Plan for the Greater powntown Urban Renewal Plan, most recently approved by �
City Council of City on June 5, 2017, and as subsequently amended through and ,
including the date hereof, attached as Exhibit E (the Urban Renewal Plan). A copy
of the Urban Renewal Plan, as constituted on the date of this Agreement and in the
form attached hereto, has been recorded among the land records in the office of the
Recorder of Dubuque County, fowa.
1.2 Representations and Warranties of Developer. The Developer makes the following j
representations and warranties:
(1) Developer is an lowa non-profit corporation duly organized and validly ;
existing under the laws of the State of lowa, and has all requisite power and �
authority to own and operate its properties, to carry on its business as now �
conducted and as presently proposed to be conducted, and to enter into and
perForm its obligations under the Agreement. i
(2) This Agreement has been duly authorized, executed and delivered by ;
Developer and, assuming due authorization, execution and delivery by the City, is in �'
full force and effect and is a valid and legally binding instrument of Developer `!
enforceable in accordance with its terms, except as the same may be limited by ''
bankruptcy, insolvency, reorganization orother laws relating to oraffecting creditors' yi
rights generally. Developer's counsel shall issue a legal opinion to the City, at time
of closing, confirming the representations contained herein, in the form attached �
hereto as Exhibit B. �
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(3) The execution and delivery of this Agreement, the consummation of the �
transactions contemplated hereby, and the fulfillment of or compliance with the �
terms and conditions of this Agreement are not prevented by, limited by, in conflict �
with, or result in a violation or breach of, the terms, conditions or provisions of the
articles of incorporation or the bylaws of Developer or any contractual restriction,
evidence of indebtedness, agreement or instrument of whatever nature to which �
Developer is now a party or by which it or its property is bound, or constitute a
default under any of the foregoing.
(4) l"here are no actions, suits or proceedings pending or threatened against or �
affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse decision
which could materially adversely affect the business, financial position or result of
operations of Developer or which affects the validity of the Agreement or
Developer's ability to perForm its obligations under this Agreement.
(5) Developer will perForm its obligations under this Agreement in accordance
with the material terms of this Agreement, the Urban Renewal Plan and all local,
State and federal laws and regulations.
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(6) Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all material requirements of all applicable local, state, and federal
laws and regulations which must be obtained or met.
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(7) Developer has firm commitments for permanent financing for the Project in �
an amount sufficient, together with equity commitments, to successfully complete °
the requirements of this Agreement and shall provide evidence thereof to City prior
to the Closing Date.
1.3 Closinq. The Closing shall take place on the Closing Date which shall be the 30tn
day of November, 2017, or such other date as the parties shall agree in writing but in no
event shall the Closing Date be later than the 31 St day of January, 2018. Consummation of �
the Closing shall be deemed an agreement of the parties to this Agreement that the �
conditions of Closing shall have been satisfied or waived. ��
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1.4 Conditions to Closinq. The Closing of the transaction contemplated by this �
Agreement and all the obligations of Developer under this Agreement are subject to �
fulfillment, on or before the Closing Date, of the following conditions: I;
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(1) The representations and warranties made by City in Section 1.1 shall be �
correct as of the Closing Date with the same force and effect as if such ��
representations were made at such time. At the closing, City shall deliver a '
certificate to that effect in the form of Exhibit C. �!
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(2) Developer shall have the right to terminate this Agreement at anytime priorto
the consummation of the closing on the Closing Date if Developer determines in its
sole discretion that conditions necessary for the successful completion of the �
Project contemplated herein have not been satisfied in Developer's sole discretion. �
Upon the giving of notice of termination by Developer to City, this Agreement shall
be deemed null and void.
(3) Developer and City shall be in material compliance with all the terms and
provisions of this Agreement.
(4) Developer shall have furnished City with evidence, in a form satisfactory to
City (such as a letter of commitment from a bank or other lending institution), that
Developer has firm financial commitments in an amount sufficient, together with
equity commitments, to complete the Minimum Improvements(as defined herein)in
conformance with the Construction Plans (as defined herein), or City shall have
received such other evidence of Developer's financial ability as the reasonable
judgment of the City requires.
(5) Developer's counsel shall issue a legal opinion to the City confirming the
representations contained herein in the form attached hereto as Exhibit B.
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1.5 Citv's Obliqations at Closing. At or prior to the Closing Date, City shall deliver to
Developer such other documents as may be required by this Agreement, all in a form
satisfactory to Developer.
SECTION 2. DEVELOPMENT ACTIVITIES
2.1 Required Minimum Improvements. Developer will make a capital investment of
approximately Ten Million Dollars($10,000,000.00)to improve the Property(the Minimum
Improvements). The Minimum Improvements shall consist of the rehabilitation of the
Church and Rectory buildings (the Buildings).
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2.3 Plans for Construction of Minimum Improvements. Plans and specifications with �
respect to the development of the Property and the construction of the Minimum F
Improvements thereon (the Construction Plans)shall be in conformitywith Urban Renewal
Plan, this Agreement, and all applicable state and local laws and regulations, including but
not limited to any covenants, conditions, restrictions, reservations, easements, liens and
charges, recorded in the records of Dubuque County, lowa. Developer shall submit to City,
for approval by City, plans, drawings, specifications, and related documents with respect to
the improvements to be constructed by Developer on the Property. All work with respect to
the Minimum Improvements shall be in substantial conformitywith the Construction Plans `
approved by City. �
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2.4 Timinq of Improvements. Developer hereby agrees that construction of the �
Minimum Improvements on the Property shall be commenced within thirty(30) days after �
the Closing Date, and shall be substantially completed by October 1, 2019. The time
frames for the perFormance of these obligations shall be suspended due to unavoidable
delays meaning delays, outside the control of the party claiming its occurrence in good
faith, which are the direct result of strikes, other labor troubles, unusual shortages of
materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other
casualty to the Minimum Improvements, litigation commenced by third parties which, by
injunction or other similar judicial action or by the exercise of reasonable discretion directly
results in delays, or acts of any federal, state or local government which directly resuft in
extraordinary delays. The time for performance of such obligations shall be extended only
for the period of such delay.
2.5 Certificate of Completion. Promptly following the request of Developer upon
completion of the Minimum Improvements, City shall furnish Developerwith an appropriate
instrument so certifying in the form attached as Exhibit F. Such certification (the Certificate
of Completion) shall be in recordable form and shall be a conclusive determination of the
satisfaction and termination of the agreements and covenants in this Agreement.
SECTION 3. CITY PARTICIPATION �
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3.1 This section intentionally left blank. �
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3.2 Economic Development Grants.
(1) 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 make twenty (20)
consecutive semi-annual payments(such payments being referred to collectively as
the Economic Development Grants) to Developer, as follows:
November 1, 2021 May 1, 2022 '
November 1, 2022 May 1, 2023 1
November 1, 2023 May 1, 2024
November 1, 2024 May 1, 2025 �
November 1, 2025 May 1, 2026 �
November 1, 2026 May 1, 2027 ,
November 1, 2027 May 1, 2028 '�
November 1, 2028 May 1, 2029 i
November 1, 2029 May 1, 2030 �
November 1, 2030 May 1, 2031 �
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pursuant to lowa Code Section 403.9 of the Urban Renewal Law, in amounts equal ��
to the actual amount of tax increment revenues collected by City under lowa Code
Section 403.19 (without regard to any averaging that may otherwise be utilized
under lowa Code Section 403.19 and excluding any interest that may accrue
thereon prior to payment to Developer) during the preceding six-month period in
respect of the Property and Minimum Improvements constructed by Developer(the
Developer Tax Increments). For purposes of calculating the amount of the
Economic Development Grants provided in this Section, the Developer Tax
Increments shall be only those tax increment revenues collected by City in respect
of the increase in the assessed value of the Property above the assessment of
January 1, 2017 ($228,650.00). 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 Minimum Improvements,
which does not include property taxes collected for the payment of bonds and
interest of each taxing district, and taxes forthe regular and voter-approved physical
plant and equipment levy, instructional support levy, and any other portion required
to be excluded by lowa law, and thus such incremental taxes will not include all
amounts paid by Developer as regular property taxes.
(2) To fund the Economic Development Grants, City shall certify to the County
prior to December 1, 2020, and each year thereafter, 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 on
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November 1 and May 1 of that fiscal year. (Example: if City so certifies in
December, 2020, the Economic Development Grants in respect thereof would be
paid to the Developer on November 1, 2021, and May 1, 2022).
(3) 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 SS Event Center TIF Account of City. City hereby covenants and agrees to
maintain its TIF ordinance in force during the term hereof and to apply the
incremental taxes collected in respect of the Minimum Improvements and allocated ;
to the SS Event Center TIF Account to pay the Economic Development Grants, as
and to the extent set forth in Section 3.2 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 SS Event Center's 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. �
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(4) City shall be free to use any and all tax increment revenues collected in '!
respect of other properties within the Project Area and the remaining actual amount
of the property taxes paid by Developer to City, or any available Developer Tax
Increments resulting from the termination of the annual Economic Development
Grants under Section 3.2 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. �
(5) All of City's obligations under this Agreement, including but not limited to
City's obligation to pay the Economic Development Grants to Developer, shall be
subject to City having completed all hearings and other procedures required to
amend the Urban Renewal Plan to describe the Urban Renewal Project being
undertaken in accordance with this Agreement.
3.3 Downtown Rehabilitation Incentives.
(1) Planning and Design Grant. City agrees to provide a matching(1:1)grant not
to exceed Ten�housand Dollars(�1 c�,0�0)to reimburse Developer for documented
predevelopment costs, architectural and engineering fees and otherauthorized soft
costs associated with the rehabilitation of the Property on the terms and conditions
set forth in Exhibit G. Prior to the release of any grant funds, City must determine to
its satisfaction that the Project is substantially complete and meets the conditions of
this Agreement.
(2) Fa�ade Grant. City agrees to provide a matching (1:1) grant not to exceed
Ten Thousand Dollars ($10,000)to reimburse Developer for documented costs for
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front or rear fa�ade renovations to the Property to eliminate inappropriate additions ,
or alterations and to restore the fa�ade to its historic appearance, or to rehabilitate
the fa�ade to include new windows, paint, signage, awnings, etc., to improve the �
overall appearance of the Property, and the costs of landscaping or screening with
fencing or retaining walls if such landscaping or screening improves the Property �
adjacent to the public right-of-way, on the terms and conditions set forth in Exhibit �
G. �
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(3) Financial Consultant Grant. City agrees to provide a matching(1:1)grant not r
to exceed Fifteen Thousand Dollars ($15,000) to reimburse Developer for �,
documented costs related to hiring a financial consultant to evaluate the Project's N
feasibility on the terms and conditions set forth in Exhibit G. Such funds will be �
disbursed only on completion of the Minimum Improvements, documentation of
costs and an inspection of the completed Project.
(4) Written requests for payment of grant funds must be submitted to the ;�
Economic Development Department together with all required documentation. !�
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SECTION 4. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING. !
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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 ��I
pledged tax increment revenues shall be an obligation limited to currently budgeted funds, r,
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 il
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 aid durin an fiscal ear durin the term of this A reement �
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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 Grants due and payable in that future fiscal year, then City shall 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, so as 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 that 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
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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 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's
Standards for Rehabilitationa If the Project is not awarded Historic Tax Credits, the U.S.
Secretary of the Interior's Standards for Rehabilitation will be interpreted by City
Planning staff, at its sole discretion, for the Exterior Improvements.
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5.2 This section intentionally left blank. �
5.3 Books and Records. During the term of this Agreement, Developer shall keep at all
times and make available to City upon reasonable request proper books of record and I�
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 '
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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.
5.4 Real Property Taxes. Developer shall pay or cause to be paid, when due, all real
property taxes and assessments payable with respect to all and any parts of the Property
unless Developer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
5.5 No Other Exemptions. During the term of this Agreement, Developer agrees not to
apply for any state or local property tax exemptions which are available with respect to the
Development Property or the Minimum Improvements located thereon that may now be,or
hereafter become, avaifable under state law or city ordinance during the �erm ot this
Agreement, including those that arise under lowa Code Chapters 404 and 427, as
amended.
5a6 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all times
during the process of constructing the Minimum Improvements and at its sole cost
and expense builder's risk insurance, written on a Completed Value Form in an
amount equal to one hundred percent (100%) of the building (including Minimum
Improvements) replacement value when construction is completed, naming City as
an additional insured and loss payee. Coverage shall include the "special perils"
form and developer shall furnish City with proof of insurance in the form of a
certificate of insurance.
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(2) Upon completion of construction of the Minimum Improvements and up to the
Termination Date, Developer shall maintain, or cause to be maintained, at its cost
and expense property insurance against loss and/or damage to the building
(including the Minimum Improvements) under an insurance policy written with the
"special perils99 form and in an amount not less than the full insurable replacement
value of the building (including the Minimum Improvements), naming City as loss
payee. Developer shall furnish to City proof of insurance in the form of a certificate
of insurance.
(3) The term "replacement value" shall mean the actual replacement cost of the
building with Minimum Improvements (excluding foundation and excavation costs �
and costs of underground flues, pipes, drains and other uninsurable items) and
equipment, and shall be reasonably determined from time to time at the request of �
City, but not more frequently than once every three (3) years. �
(4) Developer shall notify City immediately in the case of damage exceeding
$50,000 in amount to, or destruction of, the Minimum Improvements or any portion i
thereof resulting from fire or other casualty. Net proceeds of any such insurance
(Net Proceeds), shall be paid directly to Developer as its interests may appear, and
Developer shall forthwith repair, reconstruct and restore the Minimum Improvements �
to substantially the same or an improved condition or value as they existed prior to
the event causing such damage and, to the extent necessary to accomplish such �
repair, reconstruction and restoration, Developer shall apply the Net Proceeds of
any insurance relating to such damage received by Developer to the payment or �'
reimbursement of the costs thereof, subject, however, to the terms of any mortgage
encumbering title to the Property (as its interests may appear). Developer shall
complete the repair, reconstruction and restoration of Minimum Improvements �
whether or not the Net Proceeds of insurance received by Developer for such �
purposes are sufficient. �
5.7 Preservation of Propertv. During the term of this Agreement, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep, the
Minimum Improvements in good repair and working order, ordinary wear and tear
accepted, and from time to time shall make all necessary repairs, replacements, renewals
and additions.
5.8 Non-Discrimination. In carrying out the project, Developer shall not discriminate �
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age or disability.
5.9 Conflict of Interest. Developer agrees that no member, officer or employee of City,
or its designees or agents, nor any consultant or member of the governing body of City,
and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or her tenure, or who is in a position to
participate in a decision-making process or gain insider information with regard to the
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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.
5.10 Non-Transferabilitv.
During the Term of this Agreement, this Agreement may not be assigned by Developer nor
may any portion of the Property be sold or otherwise transferred by Developer without the
prior written consent of City in City°s sole discretion. City has no obligation to consent to
any assignment or sale.
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5.11 No change in Tax Classification. Developer agrees that it will not take any action to
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change, or otherwise allow, the classification of the Property for property tax purposes to �
become other than residential property and to be taxed as such under lowa law.
5.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns, I
and every successor in interest to the Property or any part thereof that they, and their
respective successors and assigns, shall:
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(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of
the Property as an event center association, 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
(2) Not discriminate upon the basis of race, religion, color, sex, sexual �
orientation, national origin, age or disability in the sale, lease, rental, use or �
occupancy of the Property or any improvements erected or to be erected thereon, or �'
any part thereof(however, Developer shall not have any liability to City to the extent �
that a successor in interest shall breach this covenant and City shall seek
enforcement of this covenant directly against the party in breach of same).
5.13 Compliance with Laws, Developer shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rules and regulations the failure to comply with
or the sanctions and penalties resulting therefrom, would not have a material adverse
effect on the business, property, operations, financial or otherwise, of Developer.
SECTION 6. EVENTS OF DEFAULT AND REMEDIES.
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:
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(1) Failure by Developer to pay or cause to be paid, before delinquency, all real
property taxes assessed with respect to the Minimum Improvements and the
Property.
(2) Failure by Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms, conditions
and limitations of this Agreement.
(3) Transfer of any interest by Developer of the Minimum Improvements in
violation of the provisions of this Agreement prior to the issuance of the final �
Certificate of Completion.
(4) Failure by Developer or City to substantially observe or perForm any other
material covenant, condition, obligation or agreement on its part to be observed or
perFormed under this Agreement.
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 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 'i;
Default cannot be cured within sixty(60)days and Developer does not provide assurances
to City that the Event of Default will be cured as soon as reasonably possible thereafter:
(1) City may suspend its performance under this Agreement until it receives
assurances from Developer deemed adequate by City, that the Developer will cure
its default and continue its perFormance under this Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) City shall be entitled to recover from Developer the sum of all amounts
expended by City in connection with the funding of the Downtown Rehab
Loan/Grant, Downtown Housing Incentive and Economic Development Grant to
Developer and City may take any action, including any legal action it deems
necessary, to recover such amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce perFormance and observance of any obligation,
agreement, or covenant under this Agreement.
6.3 No Remedv Exclusive. No remedy herein conferred upon or reserved to City is
intended to be exclusive of any other available remedy or remedies, but each and every
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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. �
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 Aqreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to recover reasonable �
attorneys'fees and costs of litigation from the other party. Such fees and costs of litigation �
may be set by the court in the trial of such action or by the arbitrator, as the case may be, �;
or may be enforced in a separate action brought for that purpose. Such fees and costs of �
litigation shall be in addition to any other relief that may be awarded. �
6.6 Remedies on Default by Citv. If City defaults in the performance of this Agreement,
Developer may take any action, including legal, equitable or administrative action that may li
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
its performance under this Agreement until it receives 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. Wheneverthis 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: SS Event Center LLC
Jack McCullough, President
PO Box 3188
Dubuque, IA 52004-3188
With copy to: Flint Drake
Drake Law, P.C. �
300 Main Street, Suite 323
Dubuque, IA 52001
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If to City: City Manager
50 W. 13th Street
Dubuque, lowa 52001
Phone: (563) 589-4110
Fax: (563) 589-4149
With copy to: City Attorney
City Hall
50 W. 13t" Street
Dubuque IA 52001
Or at such other address with respect to either party as that party may, from time to time �
designate in writing and forward to the other as provided in this Section.
�7.2 Bindinq Effect. This Agreement shall be bindmg upon and shall inure to the benefit �
of City and Developer and their respective successors and assigns. �
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7.3 Termination Date. This Agreement and the rights and obligations of the parties '�,�
hereunder shall terminate on June 1, 2031 (the Termination Date). G
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7.4 Execution By Facsimile. The parties agree that this Agreement may be transmitted �
between them by facsimile machine or electronic transmission. The parties intend that the 'h
faxed or electronic transmission signatures constitute original signatures and that a faxed ��
or electronically transmitted Agreement containing the signatures (original, faxed or �
electronically transmitted) of all the parties is binding on the parties.
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7.5 Memorandum of Development Aqreement. Developer shall promptly record a �
Memorandum of Development Agreement in the form attached hereto as Exhibit D in the �
office of the Recorder of Dubuque County, lowa. Developer shall pay the costs for so �
recording. �
IN WITNESS WHEREOF, City has caused this Agreementto be duly executed in its
name and behalf by its Mayor and attested to by its City Clerk and Developer has caused
this Agreement to be duly executed on or as of the first above written.
CITY OF DUB QUE, IOWA SS EVENT CENTER, LLC
B � B
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Roy D. B ol, Mayor McCu , President
Attest:
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Kevin S. Firnstahl
City Clerk
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(City Seal) �
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this � day of �� 201 � before me the undersigned, a Notary
Public in and for the said County and State, personally appeared Roy D. Buol and Kevin S.
Firnstahl, to me personally known, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, lowa, a municipal corporation
executing the instrument to which this is attached;that the seal affixed hereto is the seal of
said municipal corporation; that said instrument was signed and sealed on behalf of the
City of Dubuque, lowa, by authority of its City Council; and that said Mayor and City Clerk
acknowledged the execution of said instrument to be the voluntary act and deed of said ,
City, by it a by them voluntarily executed. �
� �^w�,^�,� ,I�d4M4�Ld1 J,BB�cGR1RR(9N
l � Commission Nomber 772419
Notary P blic ��.,a�� ��comm.�x�. -.��.�r� i
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STATE OF IOWA ) �
) SS
COUNTY OF DUBUQUE )
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On this � day of b � 20��efore me the undersigned, a Notary �
Public in and for the State of lowa, personally appeared Jack McCullough,to me personally
known, who, being by me duly sworn, did say that he is the President of SS Event Center
LLC, the lowa non-profit corporation executing the instrument to which this is attached and
that as said President of SS Event Center LLC acknowledges the execution of said
instrument tQ be the voluntary act and deed of said company, by it and by him, an
individua�=;volu'�tarily executed.
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Notary Public
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o� . F Pe��EL�J.N6cCARFB(DN
: � �;c�rnmission Numbsr 772419
IaMh � �'�1/t,iYif}ill. E_X�. °��,�� � .
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LIST OF EXHIBITS
EXHIBIT A — City Attorney Certificate
EXHIBIT B — Opinion of Developer Counsel
EXHIBIT C — City Certificate
EXHIBIT D — Memorandum of Development Agreement
EXHIBIT E — Urban Renewal Plan
EXHIBIT F — Certificate of Completion
EXHIBIT G — Downtown Rehabilitation Grant Program Guidelines
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EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
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BARRY A. LINDAHL � ESQe �rEcrrYor- �� �
CITY ATTORNEY �
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(DATE)
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RE: !�
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Dear �
I have acted as counsel for the City of Dubuque, lowa, in connection with the execution
and delivery of a certain Development Agreement between (Developer)
and the City of Dubuque, lowa (City) dated for reference purposes the day of '�
20 �'
, — �
The City has duly obtained all necessary approvals and consents for its execution, delivery �
and performance of this Agreement and has full power and authority to execute, deliver �
and perform its obligations under this Agreement, and to the best of my knowledge, the
representations of the City Manager in his letter dated the day of , 20�,
are correct.
Very sincerely,
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Barry A. Lindahl, Esq.
City Attorney
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EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
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Mayor and City Councilmembers
City Hall -
13t" and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, lowa and
Dear Mayor and City Councilmembers: �
We have acted as counsel for , (Developer)in connection with Pi
the execution and delivery of a certain Development Agreement(Development Agreement) i
between Developer and the City of Dubuque, lowa ("City") dated for reference purposes
the day of , 20_. � �
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We have examined the original certified copy, or copies otherwise identified to our �
satisfaction as being true copies, of the Development Agreement and such other ,II
documents and records as we have deemed relevant and necessary as a basis for the
opinions set forth herein. I,
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Based on the pertinent law, the foregoing examination and such other inquiries as '�
we have deemed appropriate, we are of the opinion that: i�;
1. Developer is a corporation organized and existing underthe laws of the State I�
of Illinois and has full power and authority to execute, deliver and perForm in full '
Development Agreement. The Development Agreement has been duly and validly
authorized, executed and delivered by Developer and, assuming due authorization, �
execution and delivery by City, is in full force and effect and is valid and legally binding '
instrument of Developer enforceable in accordance with its terms, except as the same may
be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting
creditors' rights generally.
2. The execution, delivery and perFormance by Developer of the Development
A�rPPmar�t anr� �f-�P ra�-niir�� n�t nf thP tPrm� thPrPnf, wjll nnt rP�i�lt in vi��ati�n nf anv
provision of, or in default under, the articles of incorporation and bylaws of Developer, any
indenture, mortgage, deed of trust, indebtedness, agreement, judgment, decree, order,
statute, rule, regulation or restriction to which Developer is a party or by which Developer's
property is bound or subject.
3. There are no actions, suits or proceedings pending or threatened against or
affecting Developer in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the business (present or prospective), financial position or
results of operations of Developer or which in any manner raises any questions affecting
the validity of the Agreement or the Developer's ability to perForm Developer's obligations
thereunder.
Very truly yours, '
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EXHIBIT C
CITY CERTIFICATE
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5!�4V�st 23t1�StreeE
L7ubuque,Ioiva 5�OQ1-�86�
{563)��i9-�130 g�toile
{563)58�-41=�R£�
cEymgr�cityofdubu�ue.c�rg
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(DATE) i
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Dear � �
I am the City Manager of the City of Dubuque, lowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between �
(Developer) and the City of Dubuque, lowa (City) dated for reference �
purposes the day of , 20_. � �
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On behalf of the City of Dubuque, I hereby represent and warrant to Developer that: �
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(1) City has duly obtained all necessary approvals and consents for its �
execution, delivery and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this Agreement.
City's attorney shall issue a legal opinion to Developer at time of closing confirming
the representation contained herein, in the form attached hereto as Exhibit B.
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(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict �
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of whatever
nature to which City is now a party or by which it or its property is bound, or
constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental �
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body in which there is a reasonable possibility of an adverse decision which could �
materially adversely affect the financial position or operations of City or which �
affects the validity of the Agreement or City's ability to perForm its obligations under �;
this Agreement. �
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(6) No ordinance or hearing is now or before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies,the
cost of which may be assessed against the Property. To the best of City's ;
knowledge, there are no plans or efforts by any government agency to widen, �
modify, or re-align any street or highway providing access to the Property and there �
are no pending or intended public improvements or special assessments affecting ;
the Property which will result in any charge or lien be levied or assessed against the ii'
Property. �
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(7) The representations and warranties contained in this article shall be correct j
in all respects on and as of the Closing Date with the same force and effect as if '
such representations and warranties had been made on and as of the Closing Date. ,{,
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Sincerely, �
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� Michael C. Van Milligen jj
City Manager
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EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
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Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 '
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT !i
A Development Agreement by and among the City of Dubuque, lowa, an lowa non-profit �
corporation, of Dubuque, lowa, and SS Event Center LLC was made regarding the
following described premises ,,
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[LOT 1 OF CITY LOT 484] in the City of Dubuque. �
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The Development Agreement is dated for reference purposes the day of
, 2017, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the terms
and provisions of the Development Agreement shall prevail. A complete counterpart of the
Development Agreement, together with any amendments thereto, is in the possession of
iiic viiji v� vuvu�uPc c'.�iiu iiiuy �.4iig �cnuiii�iiv�u ui ii� v��iiv�� u.�i u.�i^vv�� Nrv�����v�. �
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Dated this day of , 2017.
C1�YY OF DU�lDt�4JE, IO�iR �� E\OENT CENTER LLC
By By
Roy D. Buol Jack McCullough
Mayor President
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Attest:
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Kevin S. Firnstahl �
City Clerk
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STATE OF IOWA )
� SS �
COUNTY OF DUBUQUE ) �
�;
On this day of , 20_, before me, a�Notary Public in and forthe State of �
lowa, in and for said county, personally appeared Roy D. Buol and Kevin S. Firnstahl, to
me personally known, who being by me duly sworn did say that they are the Mayor and �
City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and ��
existing under the laws of the State of lowa, and that the seal affixed to said instrument is �
the seal of said Municipal Corporation and that said instrument was signed and sealed on �I�
behalf of said Municipal corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said 'I�
Municipal Corporation by it voluntarily executed. �
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Notary Public, State of lowa �
�
STATE OF IOWA ) �
� SS °
COUNTY OF DUBUQUE )
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of lowa, personally appeared Jack McCullough,to me personally
known, wno, aeing by me duiy sworn, aia say tnat ne is ine rresideni oT 55 tvent Lenter �
LLC, the lowa non-profit organization executing the instrument to which this is attached
and that as said President of SS Event Center LLC acknowledges the execution of said
instrument to be the voluntary act and deed of said company, by it and by him, an
individual, voluntarily executed.
Notary Public, State of lowa
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EXHIBIT E
URBAN RENEWAL PLAN
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29 �
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EXHIBIT F
CERTIFICATE OF COMPLETION
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CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, lowa, a municipal corporation(the"Grantor"), has
granted incentives to SS Event Center LLC (the "Grantee"), in accordance with a
Development Agreement dated as of[Date](the"Agreement"), certain real property located
within the Greater powntown Urban Renewal District of the Grantor and as more
particularly described as follows: �
LOT 1 OF CITY LOT 484 �
(the "Development Property"); and
WHEREAS, said Agreement incorporated and contained certain covenants and '
conditions with respect to the rehabilitation of the Development Property, and obligated the �
Grantee to construct certain Minimum Improvements (as defined therein) in accordance
with the Agreement; and �
WHEREAS, the Grantee has to the present date performed said covenants and �
conditions insofar as they relate to the construction of the Minimum Improvements in a ���;
manner deemed sufficient by the Grantor to permit the execution and recording of this i;
certification; and j
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NOW, THEREFORE, pursuant to Section 2.5 of the Agreement,this is to certify that '
all covenants and conditions of the Agreement with respect to the obligations of the
Grantee, and its successors and assigns, to construct the Minimum Improvements on the
Development Property have been completed and perFormed by the Grantee to the '
satisfaction of the Grantor and such covenants and conditions are hereby satisfied.
The County Recorder of Dubuque County is hereby authorized to accept for recording and
to record the filing of this instrument, to be a conclusive determination of the satisfaction of
the covenants and conditions as set forth in said Agreement, and that the Agreement shall
otherwise remain in full force and effect.
(SEAL) CITY OF DUBUQUE, IOWA
By:
Mike Van Milligen, City Manager
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
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On this day of , 2017, before me, the undersigned, a Notary Public '
in and for the State of lowa, personally appeared and
acknowledged said execution of the instrument to be his/her voluntary act and deed.
Notary Public in and for
Dubuque County, lowa �
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EXHIBIT G
DOWNTOWN REHABILITATION GRANT GUIDELINES �
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STATE OF IOWA {SS: ?
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
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I, Suzanne Pike, a Billing Clerk for Woodward Comniunications, Inc., an Iowa corporation,publisher ,'
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County ;
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper I
on the following dates: November 24, 2017, and for which the charge is $34.16. i
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Subscribed to before me, otary Public in and for Dubuque County, Iowa, �'
this 3n�3 day of �,..,,,,,.�,�.,.� , 20��.
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, ,s,s � �. ��� ;,
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Notary Public in and for Dubuque County, Iowa. I�
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III
A�A,����� IW9���IA dV�4��'���lVtl���� . illl
� " Uo�nd�a�sion�le�ra���eer 1��!��8�� � ��
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�w�' My�omn��ssiuri Lxp3.F�b.1,20?() I
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Qubuque,���lowa, ���as �''�
provided by Chapte� I ��
403 of the Code of; ;
CITYDF DUBUQUE, lowa. ' �
IOWA Any visuaf or hearing-•',
OFFICIAL NOTICF im'paired persons need-1
NOTICE OP A PUBLIC ing special assistance ! i
HEARiNG OF THE or persons with special,I �
, T E CITY OF!DUBUF sliouid�bont ct the Ci�ty' �!
i�
� ° °- � QUE, IUWA, ON'THE •Clerk's Offiee.at (5fi3);I �
MATTER OF THE 589-4100 or-TfY (563); 'I
PROPOSEp.AUTHORI- 690-6678 at least 48'
ZATION QF URBAN hours prior. to the l �
RENEVIFAL TAX INr. meeting. j
CREMENT REVEWUE Published by order of i
OBLIGATIONS RELAT- the City Council giyen I
ING TO A �-PRE- on the •20th tlay of��
VIOUSLY APPROVED November,`201Z -
D E V E L Q P M E N T Kevin 5.Firnstahl,I '�
AGREEMENT WITH SS City Clerk, �
EVENT CENTER,LLC I lf 11/24 �
Public notice is __
. hereby given #hat the" -� i
City Council of the City
of Dubuque, lowa, will '
hold a public liearing' ,
on the` 4th day of;� 1
December, 2017, at l
6:00`p.m. in the City',
Council Chambers. at,
� the �� Historic FederaL� �
Building,350 W:6th St.,;
Dubuque, lowa; at`'�,
which'meeting tlie City;j
Council proposes to' ,,
take action on the I,
issuance of'economic'
development grants' - �:
(Urban Renewal, Tax l
Inq�ement , Revenue� f
Grant Obligatiorls)des- :
cribed th�e�ein in'ortler"'
"� to carry out the pur- �
; ,., poses and,objectives of
- the Urban Renewal:I
Plan for, the G�eater I ;
Downto'wn. Urban Re- . I;,
newal District,consist- i i
ing of the funding of ; I
economic development 'I
grants to SS Event ,I
Center,LLC, under the �
terms`antl conditions �
of said Development
Agreement' and the �
Urban Renewal.Plan for
the Greater powntown'I �
Urban Renewal District.
The aggregate am�o.unt� i
of the Urban Renewal�
Tax Increment. Reve=�i 'i�
nue Grant Obli:gations s
cannot be tletermined'
at the "preserlt; time,;
but'is not eic�e`q'ted to'
exceed$174,83,0.00.
` At the meeting, the'
City Council will re-�I
ceive orat and-written ,
objections from any , ��
resident or property
owner of said City to ,
�the above action.After I �
ail objections` have '
been received and ''i �
considered,,: the Ciry, rt
Council may at this " fl
meeting or at any �
adjournment thereof, �
authorize such Tax
Increment Revenue '
� Grant��Obligations or �
abandon the:proposal. I �
By order of the City �
Council said hearing '
and appeals therefrom-1 �
shall be held: in
accordance with and ��
govemed by the : ��
pYovision"s of Section ', �
403.9 bf the Code of,r; 1
lowa.
This notice is given by.l
ord'er' of the City;; �
Council of the';City of-; �
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