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Lower Main Development_Memorandum of UnderstandingMEMORANDUM January 15, 2003 TO:The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Memorandum of Understanding with Lower Main Development, LLC Economic Development Director Bill Baum recommends City Council approval of the Memorandum of Understanding with Lower Main Development, LLC, concerning the acquisition and renovation of the former Weber Paper Building, owned by Dubuque Initiatives. The redevelopment of the Weber Building is proposed to include: · One floor would be leased to Platinum Services, a non-retail company now located on Associates Drive. · One floor will be leased to You Squared, also located on Associates Drive. One and a half floors will be leased to the Shepherd Company, an East Dubuque company with approximately 50 jobs, which is under new ownership. The new owners prefer a Downtown Dubuque location. · One half floor will be leased to EPIC Construction Company, owned by Floyd Kunkel. · The first floor will be leased to a retail operation, yet to be determined. In addition to the purchase price for the Weber building and parking lots, the building must be renovated. The total cost of renovation is estimated to be $2,000,000. Because the costs of the renovation are high, the LLC has asked for assistance from the City. To encourage and attract this private investment and new jobs to downtown, the attached Memorandum of Understanding (MOU) has been prepared for City Council review. The MOU agrees to a City Tax Increment Financing Forgivable loan of $150,000, and a $300,000 3% repayable loan from the City through the Downtown Rehab loan program in FY 2007. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January 14,2003 To: Michael Van Milligen, City Manager From: William Baum, Economic Development Director Subject: Memorandum of Understanding with Lower Main Development, LLC Background The attached resolution provides for the approval of a Memorandum of Understanding between the City and Lower Main Development LLC, concerning the acquisition and renovation of the former Weber Paper Building. Discussion In partnership with the City of Dubuque, Dubuque Initiatives, a private non-profit organization whose mission is to assist the City in Downtown development, pumhased the Weber Paper Building in 1996. The organization has also purchased the parking lot across Main Street from the building (former Kennedy Aquarium), and the parking lot behind the building fronting Locust Street (former Schoen's Antiques). Since that time the property has been for sale, not for speculation, but for the planned redevelopment of the facility. This past month, Pam Myhre and I have been meeting with representatives of Dubuque Initiatives and officers/legal staff of Lower Main Development LLC. to discuss the potential use and conditions of a potential sale. The major partners are in the LLC are Floyd Kunkel and Wayne Briggs, both of whom have the experience and resources to purchase and renovate the building. Mr. Kunkel has experience in renovating the Bricktown building, and Mr. Briggs has existing developments on Associates Drive. The attorney representing the company is Bill Conzett. The redevelopment of the Weber Building is proposed to include: · One floor would be leased to Platinum Services, a non-retail company now located on Associates Drive. · One floor will be leased to You Squared, also located on Associates Drive. One and a half floors will be leased to the Shepherd Company, an East Dubuque company with approximately 50 jobs, which is under new ownership. The new owners prefer a Downtown Dubuque location. · One half floor will be leased to EPIC Construction Company, owned by Floyd Kunkel. · The first floor will be leased to a retail operation, yet to be determined. In addition to the purchase price for the Weber building and parking lots, the building must be renovated. The total cost of renovation is estimated to be $2,000,000. Because the costs of the renovation are high, the LLC has asked for assistance from the City. To encourage and attract this private investment and new jobs to downtown, the attached Memorandum of Understanding (MOU) has been prepared for City Council review. The MOU agrees to a City Tax Increment Financing Forgivable loan of $150,000, and a $300,000 3% repayable loan from the City through the Downtown Rehab loan program in FY 2007. Additional legal agreements will come back to the Council prior to final approval of the financing. The MOU also provides that the LLC would purchase the building and parking lots, renovate the building, lease the building to the companies described above, make improvements to the parking lots according to standards similar to the 3rd and Main parking lot, and allow the City the use of the Weber Building exterior wall signs to direct visitors to the Port of Dubuque. Recommendation I recommend the City Council adopt the attached resolution approving the Memorandum of Understanding with Lower Main Development, LLC. F:'~USERS',WBaum'a'~lain Street~Weber Paper memo to Mike.doc RESOLUTION NO. 30-03 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH LOWER MAIN DEVELOPMENT, LLC Whereas, Lower Main Development, LLC is proposing to acquire the former Weber Paper Building on Main Street from Dubuque Initiatives, renovate the building and lease the building to existing companies; and Whereas, the City is encouraging the LLC to complete the transaction with Dubuque Initiatives; and Whereas, a Memorandum of Understanding has been prepared for said acquisition and renovation. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary to implement the Memorandum of Understanding Passed, approved and adopted this 20th day of January, 2003. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Scfineider, City Clerk F:\USERS\WBaum~Vlain Street'~Resolufion on MOU Weber building.doc MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 20th day of January by and between the City of Dubuque, Iowa,(the City), and Lower Main Development, LLC, a limited liability company (LLC). Whereas, LLC intends to purchase the property at 137 Main Street in the City of Dubuque, locally known as the Weber Paper Building (the Weber Building) and adjacent parking lots from the owner thereof, Dubuque Initiatives. LLC further intends to lease the Weber Building to four businesses, namely, YOU Squared, Platinum Services, Epic Construction, and the Shepherd Company; and Whereas, LLC's intent to purchase the Weber Building is subject to the receipt of certain financial incentives from the City; and Whereas, the City is willing to offer incentives to LLC for the new employment generated in the City of Dubuque by the Shepherd Company and for renovation of the Weber Building; and Whereas, the City, and LLC desire to enter into further discussions, but as a condition to such further discussions, agree that the following terms and conditions shall be a part of any final agreement among them with respect to the subject of this Memorandum of Agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE CITY AND THE LLC AS FOLLOWS: 1. LLC agrees as follows: · Purchase of Weber Building: Subject to a wdtten agreement with Dubuque Initiatives, LLC shall purchase the Weber Building and parking lots. Lease of Weber Building: After purchase and renovation of the Weber Building, LLC shall lease the Weber Building to the Shepherd Company, YOU Squared, Platinum Services, and Epic Construction. Renovate the Weber Building: LLC shall make a capital investment in building improvements to the Weber Building, including equipment, furniture and fixtures, at a cost of not less than $2,000,000. LLC shall not commence any improvements to the Weber Building until plans therefore have been submitted to and approved by the City's Building Services Department and the Histodc Preservation Commission. Make Improvements to the Parking Lots: LLC shall improve the parking lots to standards similar to the City-owned parking ~ot at 3rd and Main streets. LLC shall not commence construction of such improvements until plans therefore have been submitted to and approved by Dubuque Initiatives and City. Allow City Use of Si.qn on bu ding: Subject to review and approval of the Historic Preservation Commission, LLC shall allow the City to use the space on the Weber building now advertising "Weber Paper" to direct visitors to the Port of Dubuque. 2. The City agrees as follows: Tax Increment Financing. Subject to a written agreement with LLC, the City shall provide a $150,000 Tax Increment Financing Forgivable Loan to LLC. This Tax Increment Financing is subject to LLC executing a Minimum Assessment Agreement based on the incremental taxable value added to the Weber Building by LLC and is contingent upon the Shepherd Company occupying the building. The Minimum Assessment valuation shall provide enough taxes to retire the $150,000 Tax Increment Financing within a ten-year period. Downtown Rehabilitation Loan. Subject to a written agreement executed with LLC, the City shall provide a $300,000 Downtown RehabiLitation Loan at 3% interest to LLC in fiscal year 2007. The City may in its discretion forgive $2000 of the loan for each job provided in the building, but not including any jobs created by the Shepherd Company. Iowa New Job Tra ning Program. The City will encourage Northeast Iowa Community College to provide the Shepherd Company reimbursement for new employee training. Main Street Limited Loan Proqram. The City will encourage Dubuque Main Street Limited to provide a Iow interest loan to LLC to assist in the capital improvements to the Weber Building. 3. Notwithstanding any other provision of this Memorandum of Understanding, the City and LLC agree that they shall have no obligations of any kind to each other with respect to the subject of this Memorandum of Agreement until and unless definitive agreements are entered into between the City and LLC and approved by the City of Dubuque City Council and the LLC's appropriate officers. 2 Lower Main Development, LLC By:. Title: City of Dubuque By: Terrance Duggan, Mayor By: Jeanne F. Schneider, City Clerk F:\USERS\WBaum\Main Street~lemo of Understanding Lower Main LLC.doc 3