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Downtown Rehab Loan AgreeMEMORANDUM October 30, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Second Amendment to Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street) Finance Director Ken TeKippe is recommending City Council approval of a second amendment to the Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street) by extending the timeframe to allow additional loans to those property owners for the costs of temporary shoring of their buildings until May 1, 2003. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director CITY OF DUBUQUE, IOWA MEMORANDUM TO:Michael C. Van Milligen, City Manager FROM:Ken T eKippe, Finance Director SUBJECT:Second Amendment to Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street). DATE:October 30, 2002 Introduction The purpose of this memorandum is to request City Council approval of a second amendment to the Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street) by extending the timeframe to allow additional loans to those property owners for the costs of temporary shoring of their buildings. Background The City Council of the City of Dubuque, Iowa has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District. The City Council amended this loan program to assist business and property owners affected by construction of the Third Street Parking Ramp. Applications by Guy Gard and Ellen Willis met the requirements set forth by the City Council. Since the trial date has been moved from November, 2002 to May 6, 2003, it is recommended we continue temporary shoring loan payments until May 1, 2003. Discussion Corporation Counsel Barry Lindahl and Attorney Les Reddick recommend that we amend the existing loan agreements so that the owners can extend the timeframe to obtain funds for temporary shoring. All sums owing for temporary shoring will be due and payable within 30 days of the settlement, dismissal or judgment in the property owners' lawsuit, but no later than July 1, 2003. An additional $8,000 of loan funds for Ellen Willis ($43,000 total) and $8,000 of loan funds for Guy Gard ($31,500 total) are necessary to extend the timeframe for shoring payments. The source of funding will continue to be the UDAG Program. Recommendation I recommend that the City Council adopt the attached resolution approving a second amendment to the Downtown Loan Agreements for Guy Gard and Ellen Willis and authorizing City staff to prepare and execute the necessary amendments to the loan documents. The resolution directs the City Manager to prepare and execute the final documents according to the terms and conditions of the amended Loan Agreements. Action The requested action is for the City Council to adopt the attached resolution. KT/jg CC:Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Z:'t 12$DATA\FINSEC'~Ken~Downtown Rehab Loa ns'tP.~olu~ons\Second Amendment Memo DT Rehab Loan.doc RESOLUTION NO. 589-02 APPROVING A SECOND AMENDMENT TO THE DOWNTOWN REHABILITATION LOAN AGREEMENTS FOR GUY GARD (356 Main Street) AND ELLEN WILLIS (372 Main Street). Whereas, the City Council of the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City Council amended this loan program on March 19, 2001, to assist business and property owners effected by construction of the Third Street Parking Ramp with operating expenses for their businesses; and Whereas, some of the property owners requested additional funds for temporary shoring of the buildings on Main Street; and Whereas, the City Council amended the Loan Agreements on March 4, 2002 for such purpose as appropriate; and Whereas, the City Council has determined that a second amendment to the Loan Agreements for the purpose of extending the time frame for providin~ temporary shoring loan funds is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Downtown Rehabilitation Loan Agreements for Guy Gard (356 Main Street) and Ellen Willis (372 Main Street) may be amended to include the costs of temporary shoring of their buildings. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse additional loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed amended loan documents. Passed, approved and adopted this 4th day of November, 2002. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Karen H. Chestermau, Deputy City Clerk Z:\123DATA~FINSEC\Ken\Downtown Rehab Loans\Resolutions\Second DT Loan Resolution .doc