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Downtown Rehabilitation and Housing Grant Programs Copyrighted July 16, 2018 City of Dubuque Consent Items # 16. ITEM TITLE: Downtown Rehabilitation and Housing Grant Programs SUMMARY: City Manager recommending approval of six Downtown Rehabilitation and Housing Grant Awards for the 2nd Quarter of 2018. RESOLUTIONApproving GrantAgreements byand between the City of Dubuque, lowa and TBill's Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Management, LLC; Lakeside Investments, LLC; and Brian Lammers, providing for powntown Rehabilitation Grants for the redevelopment of certain properties in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Downtown Rehabilitation and Housing Grants-NNM City Manager Memo Memo Staff Memo Staff Memo 1358 Locust Street Supporting Documentation 2237-2241 Washington Street Supporting Documentation 1072 Locust Street Supporting Documentation 1176 lowa Street Supporting Documentation 1902 Central A�nue Supporting Documentation 84 Main Street Supporting Documentation Resolution of Approval Resolutions THE CITY OF Dubuque � 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: Downtown Rehabilitation & Housing Grant Programs — Proposed Grant Awards for 2"d Quarter 2018 DATE: July 12, 2018 Economic Development Director Maurice Jones recommends City Council approval of the Downtown Rehabilitation & Housing Grant Awards for 2"d Quarter 2018 as follows: 1 . 1358 Locust Street - fa�ade grant at $ 10,000 maximum and the housing incentive at $30,000 maximum ($10,000 per unit) 2. 2237- 2241 Washington Street — fa�ade grant at $ 5,250 maximum 3. 1072 Locust Street — fa�ade grant at $10,000 maximum 4. 1170- 1176 lowa Street — fa�ade grant at $8,000 and design grant a $3,000 5. 1902 Central Avenue — housing creation grant at $20,000 maximum ($10,000 per unit) 6. 84 Main Street — fa�ade grant at $10,000 maximum 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 �� Dubit Ue Economic Development Department THE CITY OF � 50 West 13th Street ��—"�°"` r All-AmedcaCitY Dubuque,lowa 52001-4864 ��T TR F—j ' � Office(563)589-4393 � �� L I �� TTY(563)690-6678 Masterpiece on the Mississippi http://www.cityofdubuque.org 2007•2012•2013 TO: Michael Van Milligen, City Manager CC: Jenny Larson, Budget Director FROM: Maurice Jones, Economic Development Director SUBJECT: Downtown Rehabilitation & Housing Grant Programs — Proposed Grant Awards for 2"d Quarter 2018 DATE: June 27, 2018 INTRODUCTION This memo presents for your concurrence six projects selected for rehabilitation and/or housing creation grant awards. BACKGROUND The Downtown Rehabilitation Loan Program (DRLP) provides several incentives from the Economic Development department fior the rehabilitation of historic buildings in our greater downtown. This program has had a positive impact in the appearance and livability of our downtown, which leads to a more attractive business and residential environment. As such, the Economic Development department finds these programs to be great tools for attracting and retaining a quality workforce for our businesses. DISCUSSION For the properties listed, Jill Connors has conferred with Planning Department staff on exterior design, and has performed a "Good Neighbor Inquiry" (with Building Services, Engineering, Finance, Health, Housing, Legal, Planning, Police, Public Works, and Utility Billing) for any concerns based on these or other properties owned by the applicants. We have also confirmed that funds were available in the department's programs. 1358 Locust Street Application received July 31, 2017 for the fa�ade work and application received October 16, 2017 for the housing portion of the project. Building owner Tanya Billmeyer Finn plans to improve the property by creating 3 new upscale two-bedroom apartments in a previously vacant building. She will also place a wellness studio on the main floor and adjacent building (1344 Locust). The business is expected to create 3-5 new jobs in the downtown. Design has been approved by the Historic Preservation Commission. The Good Neighbor Inquiry on this owner and property produced no issues. We recommend funding the fa�ade grant at $10,000 maximum and the housing incentive at $30,000 maximum ($10,000 per unit). 2237-2241 Washinqton Street Application received October 24, 2017 for a faCade grant. Property owner Melissa Hammerand has requested a fa�ade grant to fund the replacement of a rotting porch on the front of this duplex with a more aesthetically appropriate porch. Plans include the replacement of rotting beams, repairing missing concrete, and replacing the electrical and light fixtures. Design has been.reviewed and approved by Dave Johnson. The property owner alsa plans to pour new sidewalk and install new hand rails. The Good Neighbor Inquiry on this owner and property produced no issues. We recommend funding the grant request at $5,250 maximum. 1072 Locust Street Application received January 23, 2018 for a faCade grant. Property owner Janice Esser plans to improve both the interior and exterior of the mixed-use property, including the commercial space on the south end of the building. The front porch will be newly painted, with a historic daor and appropriate windows installed. The commercial sign will also be replaced. Design has been reviewed and approved by Dave Johnson. The Good Neighbor Inquiry on this owner and property produced no issues. We recommend funding the grant request at $10,000 maximum. 1170-1176 lowa Street Application received January 23, 2018 for downtown rehab grants. Cory Lambert, on behalf of Westward Property Management, plans to improve both the interior and exterior of the property, returning the 1170 exterior to its mid-century appearance (as older features/materials are completely missing) and the 1176 exterior to its late-1800s appearance, including the original iron entryway. This latter exterior at 1176 lowa Street will utilize the grant funding. The interior will be used as office space for one or more tenants. Design was reviewed and approved by Wally Wernimont. The Good Neighbor Inquiry on this owner and property produced no issues. We recommend funding the grant request at $11,000 maximum ($8,000 for fa�ade and $3,000 for design). 1902 Central Avenue Application received May 7, 2018 fior a housing creation grant. Property owners, Colleen and Dave Lindecker of Lakeside Investments, plan to create 2 housing units at the property above the commercial space. These developers are working to improve the overall look and feel of portions of the Central Avenue Corridor, currently in the 1900-2100 blocks. The Good Neighbor Inquiry on this owner brought to light some complaints at other properties owned by Lakeside Investments, mostly for garbage and lawn issues. Our department has discussed the situation with the owner, who has provided a satisfactory report of their attempts to avoid complaints and to work with City staff. There are no current issues with the owner's properties. We recommend funding the grant request at $20,000 maximum ($10,000 per unit). 84 Main Street Application received May 21, 2018 for a fa�ade grant. Property owners, Tammy and Brian Lammers, plan to rehabilitate this mixed-use building in the first block of Main Street. The commercial space will be used as an "Escape Room" entertainment venue, and four new upper-story apartments are being added as well. The project is expected to add 4-6 jobs to the downtown area. The exterior design has been reviewed by Wally Wernimont and a design letter has been d rafted. The Good Neighbor Inquiry on this owner and property produced no issues. We recommend funding the grant request at $10,000 maximum. BUDGETIMPACT � CIP 2411942 (faCade) and CIP 3602438 [consolidated funds from several downtown CIP sources from previous years, including CIP 3602267 (housing) and 3602436 (fa�ade) and others] has a combined available balance of$96,780 for FY2019. This takes into consideration all encumbrances and previous balances from all the consolidated CIP budgets. The six projects mentioned above will use $96,250 of the program funds, leaving a balance for the fiscal year of$530 for all downtown proqrams. Our department will work with Budget for any possible transfers between the two downtown rehabilitation programs (2411942 and 3602438) that would be required. RECOMMENDATION/ ACTION STEP I recommend approval of the proposed grant awards in the amounts detailed above. Prepared by: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 210-18 APPROVING GRANT AGREEMENTS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TBILL'S PROPERTIES, LLC; MELISSA HAMMERAND; JANICE ESSER; WESTWARD CAPITAL MANAGEMENT, LLC; LAKESIDE INVESTMENTS, LLC; AND BRIAN LAMMERS, PROVIDING FOR DOWNTOWN REHABILITATION GRANTS FOR THE REDEVELOPMENT OF CERTAIN PROPERTIES IN THE CITY OF DUBUQUE Whereas, the City Council, by Resolution No. 44-18, dated February 28, 2018, approved funding for Downtown Rehabilitation Grants as part of the Five -Year Capital Improvement Program for the period beginning July 1, 2018 and ending June 30, 2023; and Whereas, the aforementioned Capital Improvement Program provides funding for Downtown Rehabilitation Grants, to be awarded to eligible projects; and Whereas the attached Grant Agreements by and between the City of Dubuque, Iowa and Tbill's Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Management, LLC; Lakeside Investments, LLC; and Brian Lammers, are for projects eligible for Downtown Rehabilitation Grants for the following properties: TBill's Properties, LLC Melissa Hammerand Janice Esser Westward Capital Management, LLC Lakeside Investments, LLC Brian Lammers 1358 Locust Street; 2237-2241 Washington Street; 1072 Locust Street; 1176 Iowa Street; 1902 Central Avenue; and 84 Main Street (the Properties); and Whereas, it is the determination of the City Council that approval of the Grant Agreements for redevelopment of the above Properties according to the terms and conditions set out in the Grant Agreements 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 Grant Agreements by and between the City of Dubuque and Tbill's Properties, LLC; Melissa Hammerand; Janice Esser; Westward Capital Management, LLC; Lakeside Investments, LLC; and Brian Lammers, copies of which are attached hereto, are hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Grant Agreements on behalf of the City of Dubuque and the 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 Grant Agreements as herein approved. Passed, approved and adopted this 16th day of July2018. Roy D. B.,I, Mayor Attest: Kevin S. Firnstahl, City Clerk F:\Users\tsteckle\Lindahl\Resolutions\Resolution Approving Rehab Agreements_071218.docx GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND TBILL'S PROPERTIES, LLC THIS G' NT AGREEMENT (tf "Agreement"), dated for reference purposes the day of / , 20 , by and between the CITY OF DUBUQUE, IOWA, a municipalitestabr hed pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and 'cvran{{e''cipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 1358 Locust Street, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program; and WHEREAS, Grant Recipient's renovation and rehabilitation of the Development Property is referred to herein as the "Project"; and WHEREAS, Grant Recipient previously applied for Facade Grant(s) for the Project from City under the Program in amounts collectively up to Ten Thousand Dollars ($10,000) and Housing Creation Grant(s) for the Project from City under the Program in amounts collectively up to Thirty Thousand Dollars ($30,000) (collectively, the "Grant"), the terms of which are set forth in this Agreement; 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 state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 070518bal 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: (1) Facade Improvements described in the design approved by City's Historic Preservation Commission; and (2) The creation of three (3) rental residential units (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program, and the Design Letter attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by September 1, 2018. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program and the Design Letter attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) Grant Recipient shall provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of City, furnish City with proof of insurance in the form of a certificate of insurance for each insurance policy): All risk builder's risk insurance, written on a Completed Value Form in an amount equal to one hundred percent (100%) of the replacement value of the Development Property when construction is completed; 2 (2) Upon completion of construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (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. (3) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property 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, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient 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). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Operation of Development Property; Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Property Taxes. Until the Termination Date, Grant Recipient 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 Development Property. 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon 3 that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION AND DOWNTOWN HOUSING GRANTS. 3.1. Downtown Rehabilitation and Downtown Housing Grants. (1) For and in consideration of Grant Recipient's completion of the Project, City agrees, subject to the terms and conditions set forth herein, to make the grants described in Sections 3.3 and 3.4 (collectively, the "Grant"), which are individually referred to as the Fagade Grant and the Housing Grant, subject to the terms and conditions of each particular grant, as stated herein. The Fagade Grant and the Housing Grant are grants made under subprograms of the Program. (2) The final amount of the Fagade Grant shall be determined following t City's review of documentation submitted by Grant Recipient showing the eligible expenses (as applicable to the particular grant), and shall each be in an amount equal to $0.50 for each $1.00 of eligible expenses incurred by Grant Recipient within the scope of the Project's approved application, up to the maximum amounts stated below. 3.2. Payment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Sections 3.3 and 3.4, (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete, per the terms of Section 1.2; and (3) The Grant funds shall be disbursed directly to Grant Recipient. 3.3. Facade Grant. City agrees to provide Grant Recipient a grant not to exceed Ten Thousand Dollars ($10,000) for documented costs that improve the overall appearance of the Development Property (the "Facade Grant"), provided the Project as completed meets the criteria of the Fagade Grant Program. 3.4. Housing Grant. City agrees to provide Grant Recipient a grant not to exceed Thirty Thousand Dollars ($30,000). The Grant shall be disbursed in Ten Thousand Dollar 4 ($10,000) installments following: (i) Grant Recipient's submission of documentation of its eligible expenses, and City's review and verification of such expenses, (ii) Grant Recipient's completion of the Minimum Improvements, as required by Sections 1.2 and 1.3, and (iii) Grant Recipient's receipt of the certificate(s) of occupancy for the units comprising the Minimum Improvements; SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default 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 Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient 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, including suspension of the payment of any installment of the Grant to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy 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 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. 4.4. 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. SECTION 5. MISCELLANEOUS. 5 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of Grant Recipient, is addressed or delivered personally to TBill's Properties, LLC, 1982 Rosemont Street, Dubuque, IA 52002; Attn: Tanya Billmeyer-Finn; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by the parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 6 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient hereby agrees to defend, indemnify, and hold harmless City against any claims made by Grant Recipient, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: • (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBU UE, IOWA TBILL'S PROPERTIES, LLC By: Roy D. Buil; Mayor ATTEST: KeviS. Firnstahl, City Clerk 7 }0„ Printed' Name City of Dubuque, lowa Downtown Housing Incentive APPLICATION Applications for funding through the City of Dubuque's Downtown Housing Incentive will be accepted by the Economic Development Department, 50 West 13th Street, Dubuque, lowa (563) 589-4393. Applications will be reviewed by the Department on a case by case basis with qualifying projects being submitted to the City Council for final review and approval. Depending on the application and scope of the project, all attachments may not be required. Address of Project: 1358 Locust St Dubuque, IA Name of Project (if different from address): CONTACT INFORMATION Name: Tanya Billmeyer-Finn Address: Po Box 57a Company: TbilPs Properties LLC Tele pho ne: 563-543-6221 Fax: NA E-mail: tbillmeyer@mchsi.com Date of birth: 6-10-1972 Yes x� No Is proof of building ownership attached? ❑ P/ease include as Attachmenf A. If no, reason for not providing proof of building ownership? If the owner is a for-profit or non-profit organization, is a Resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted? Please attach as Attachment B. Yes ❑ No ❑ N/A� Page 1 of 5 C1Temp\Temporary Internet Files\Content.0utlook\QE5HOQ09�2017 Application Housing Incentives.docx DOWNTOWN HOUSING ASSISTANCE APPLICATION Are housing units being created or improved? Created � Improved ❑ Number of housing units created that are greater than 650 Square Feet (In general, two (2) fhrough seventy-five (75) units are eligible. Rehabilitated housing unifs that have been vacant for over three years are considered new units.): three Number of improved housing units. none Amount of assistance needed (no more than $10,000 per unit is eligible): $ 30,000 Are there additional benefits to the city greater than the creation of new housing? (If addifional space is needed, please include as Attachmenf C.) Property will provide three new upscale apartments that were previously a vacant building. Will also house a wellness studio on the main floor and the adlacent 1344 Locust buildin . Project Description: (If additional space is needed, please attach description as Attachment D.) Three 2 bedroom apartments are being created with all new utilities, appliances and air conditioning. See photos of previous state. Look to have at Ieast two of the three available for rent November 20'17 Estimated Start Date: August 2017 Estimated 25% Completion Date: October 2017 Estimated Completion Date: November- December 2017 In what subarea of the Greater powntown Urban Renewal District is the proposed project located? Please see the map on the back of the application for details. (Projects in the Washington Neighborhood must be located above a commercial component on the first floor of fhe building, un/ess the project is rehabilitafing or reusing a former church or SChoo/.) Jackson Park Historic District Page 2 of 5 DOWNTOWN HOUSING ASSISTANCE APPLICATION Is the project rehabilitation of an existing structure? Yes � No ❑ Will this project be utilizing Federal or State Historic Tax Credits? Yes ❑ No ❑ Has applicant discussed details of this project with the City of Dubuque Planning Department and has been made aware of Yes � No ❑ the City's design review guidelines at http://citvofdubuque.orq/12951Desiqn-Guidelines? If yes, with whom? Yes this planninq has been to the historic review and other citv members are all activelv involved. _yes_I need help understanding how to utilize tax credits. Does applicant own or have ownership interest in other Yes � No ❑ properties in Dubuque? (If yes, please list addresses. If additional space is needed please aftach as Attachment E,) 2045 Chaney (single family home rental) 1982 Rosemont(residence) 725, 727, 729 W. Third St (rented triplex) Do the above properties comply with all applicable City of Dubuque ordinances and regulations, including but not limited to, housing, building, zoning, fire, health and vacant and abandoned building regulations. Yes � No ❑ Do existing signs on the project property comply with City Zoning regulations and design guidelines? Yes � No ❑ N/A ❑ If the above answer is no, or the applicant is proposing new signs, please describe fhe design materials and co/ors thaf will be used on the sign face, how the sign will be displayed, and any lighting proposed. If addifional space is needed place attach as Atfachment F. Page 3 of 5 DOWNTOWN HOUSING ASSISTANCE APPLICATION Are detailed drawings showing dimensions, architectural details, and labels, attached to the application? Please atfach Yes � No ❑ as Attachment G. Is a 10 year pro forma attached (as A#achment H)? Yes ❑ No � Will residential units have any income restrictions? Yes ❑ No � How many residential units will have income restrictions? (No more than 65% of fhe rental units can have a restriction of 80% median income.) What is the percentage of the average median income on the income restricted apartment? (No residential units will be allowed to have a restriction of less fhan 80%median income.) Is a Floor plan for all units attached (as Atfachmenf D? Yes � No ❑ Does the pro forma show a developer's fee? Yes ❑ No � If yes, over what period of time will this fee be paid? Does the project have bank financing? Yes � No ❑ If yes,what financial institution? Dupaco Attach Letter of Commifinent from financial institution. Signature Date A fully completed application with attachments and exhibits must be submitted in the office of the City of Dubuque's Economic Development Department, 50 W. 13th Street, Dubuque, lowa 52001. Page 4 of 5 DOWNTOWN HOUSING ASSISTANCE APPLICATION Certification I, Tanya Billmeyer-Finn certify that I own or have some ownership in the following list of properties in the City of Dubuque: Addresses (Please state "None"if Owner does not own other properties in Dubuque) 1982 Rosemont St 2045 Chaney Rd 725,727,729 West Third St 1344 Locust 1358 Locust As the Owner of 1358 Locust St , � (Address of Project) certify that all property in the City of Dubuque which I own or in which I have any interest, other than the Project, complies with all applicable City of Dubuque ordinances and regulations, including, but not limited to, housing, building, zoning, fire, health, and vacant and abandoned building regulations. I further depose that the signature below is my ow proper signature. i Date: 'V � �� S nature Subscribed and sworn to ef,,ore me on This �nG� y of �� , 201� �yun�s ANOREWJKATfiIGMS (Notary Public) (;ommissianYumbe�7SH250 C�iOUnty ��f' h7:�wmlisswn�p�r06 r My commis on expires on �-�!f• '�-e Page 5 of 5 fM ,,,,; B2aCOt'1 Dubuque County, IA Summary ParceilD 1024410002 � � . AltematelD HISTORICDISTRICT � � PmperlyAddreu 1358LOCU5T5T � � � -_-�� '�- . DUBUQUHA52001 y, . � �� -�-� Sec/TwP/Rn8 N/A BriefTazDescription NIQOFMI/SOFCIT'LOT476 i ` ""y°0P�`"¢"'�� (Note:Notrobeusedonlegaldocuments) , � � � f DeedBook/Page 20ll-9385p/3Y2017) '� , � . Controd600WPage °x'' � � � GrossAues 0.00 r "" NetA<res 0.00 '�� '¢�� Clazs M-MultiResidential '� (Note:This isfor tax purposes o�ty.Not to be used for zoning.) District DUBA-DUBUQUECIIY/DBQCOMMSCH � SchoolDistrict DUBUQUECOMM.SCHOOLDIST �� ' Owners Deed Holdet ContractHolder MailingAddress Tbill's Properties LlC TbilPs Pmperties LLC 1982 Rosemont 5t 1982 Rosemont St Dubuque IA 52002 Dubuque IA 52002 Land LotArea O.D7Acres;2,9185F Residential Dwellings Residential Dwelling Occupancy Style 2 Story Brick Architectura�5tyle OldStyle(oider2s) VearBuilt 1863 Condition VeryPoar Gradewnarsthis? 4 Roof Ru6Memb/Flat Flooring CarpNinyl Foundation 5[n ExteriorMaterial Brk InteriorMaterial Plas/Drwl erick or 5tone Veneer TotalGrossLivingArea 2.6045F AtticType None: NumberofRooms ISabove;Obelow Numberof8edrooms 7above;06elow BasementAreaType Full BasementArea 1,247 Basement Finished Area Plum6ing 4FuIIBath;35ink; � Appliances CentralAir No Heat FHA-Gas FireD�aces Porches 15FrameOpen(154SF); �ecks WooA Deck-Med(40 SF�: Additions 25toryBrick(3965F)(3966smt5Fl:i5toryRame(7105P); Garages Sales Multi Date Seller Buyer Recording NUTC Type Parcel Amount 7/25/2017 HODDER,WALTERW&DOROTHV TBILL'SPROPERTIES,LLC ll-93H5 Normal Deed $55,000.00 D B/ll/2015 HUSEMANN.Ll+RRV H&BRENDAA HODDER,WALTER W&DOROTHV SSd0601 Normal Deed $57.500.00 D �a12/23/2004 DOS/245 NormalArms-LengthTransaction Deed $60.000.00 Y24/2003 D-03/3028 NormalArms-LengthTransaction Deed $45,900.00 70/7/1997 D-97/14313 Unuseable5ale-Other Deed $42.500.00 + Inciudes sales on or after 1(L2003 Valuation 2017 2016 2035 2014 Classification Multiresidential Multiresidentlal Multiresidential Commercial + AssessedLandValue $8,760 $8J60 $8,760 $8,760 + AssessedBuildingValue $d $0 $0 $101,430 � AssessedD.vellingValue $50,910 $101,430 $101,430 $� = GrossAsussedVa�ue 859,670 $110,190 $310,190 5110.190 - 6cemptValue $0 $0 $0 $O = NetAssessedValue $59,670 $130,190 $310,190 $110,190 Taxation YOlb 2015 2014 Pay 2017-2018 Pay 20162017 Pay 2015-2036 + Taxable LandValue $7.227 $7,556 $7.884 + Taxa6leBuildingValue $0 $0 $91,287 + Taxab�eDwellingValue $83.680 887,483 S� = GrossTaxableValue $90,907 $95,039 599.171 - MilitaryCredit $� $� $� = NetTaxableYalue 590.907 $95,039 $99,171 a LevyRate(per$1000ofvalue) 33.91801 34.03012 33.01933 = GrossTazesDue $3,083.38 83,23229 $3,274.56 - AgLandCredit $0.00 $0.00 $0.0� - FamilyFarmCredit $0.00 $0,00 $0.00 - HomesteadCredit $0.00 $0.00 $�� - Disahledand5eniorCitizensCred'It $0.00 $0.00 $0.00 - BusinessPrapertyCredit $0.00 $0.00 $0.00 = NetTaxesDue $3.084.00 $3.232.00 $3.274.00 Tax History Year DueDaee Amount Paid DatePaid Receipt 2016 March2018 $1,542 No 411279 September20ll $1,542 Yes 9/7/2017 2015 March2017 $1.616 Yes 9/13/2016 312021 September2016 $1,616 Yes 9/13/2016 2014 March2016 $1,637 Ves 4/b/2016 260392 September2015 $1.b37 Yes e/17/2015 Photos , � � � , .. �^�,�,.��_:., �� , . s�' , a ' ,�� '3� ��..,... ar$ p : �ti � � ti� '� .vy. ` � ' �.s {� ��-� .�. � �� y t'M.:.. .,�. ._' . .. �� _ tr � � 3 f, ww+,.-wY'.�;`^° — I � £ � Show Deed/Contract Show Deed/Con[ract Sketches _ __ _ _ _ __ _ _._.. 5 . W❑ . H�J t2 33 2S B BRK [336] �� 15 FR ��, 10 1110j 23 . 2S B A ERK�MAINJ [851] 37 z� OFP �� 67 f4 $ (154) . .:�rcF o1..:�.x..^,zmae:��ur.x... No data availablefor thefollowing modules:Commercial8uildings,Agricultural Buildings,Vard Eztras,County Treasurer Notes,Taz Sale Certifica[es. Theintormationinthiswebsiterepresentscurrentdatafromaworkingfilewhichisupdatedregularly.lnforma[ionisbelievedrelia6le,but �� its accurary cannot be guaranteed.No warranty,eupressed or implied,is provided for the data herein or its use. �� Last Data Upload:l0/15/20177:57:16 PM Developed by The Schneider Corporation x r-.: "_ ��,.A Rs,�� F, E� �� . �S A V E B O R R O W 1 N V ETMS T � 1 N S U R E � � R U 5 T ,...�.�._ September 5, 2017 TBill Properties LLC C/o Tanya Billmeyer-Finn Re: Commitment of Funds Dear Tanya Dupaco Community Credit Union is pleased to provide a commitment of financing for the properties located at 1344 and 1358 Locust Street for the renovation of the buildings. Dupaco understands that the majority of these funds are used for the renovation of the aparhnents on 1358 Locust Street. The total amount of wmmitted financing for the renovations is$336,381.00 which will create 3 apartments and retail space. If you have any additional questions or comments please do not hesitate to contact me at 563- 557-�600 extension 2873 or via email at akatrichis��dunaco.com. We greatly appreciate the opportunity Yo support you on this project that in turn supports the growing needs of our community. Sincerely, C� n rew Katnchis Senioc Vice President Business Lending & Operations D U P A C O . .. ... . � : � .. �. �. .. . .. .. www.dupaco.com . .. .. . —.... . ... . rvcuN Dubuque THE CTTY OF ' ' DuB E '�"��"' ' � II �.' Mnsterpiece on the Mississiypi City of Dubuque, lowa �°°'•�°"•'°„ Fa�ade Grant Program, Financial Consultant Grant Program, and Planning and Design Grant Program, APPLICATION Applications for funding through the City of Dubuque's Fa�ade Grant Program, Financial Consultant Grant Program, and Planning & Design Grant Program will be accepted by the Economic Development Department, 50 West 13th Street, Dubuque, lowa (563) 589-4393. Applications will be received on a rolling basis and reviewed monthly by a Review Committee consisting of staff from the Economic Development, Building Services, and Planning Departments with selected projects being submitted to the City Manager for final review and approval. APPLICANT INFORMATION Address of Project: 1358 and 1344 Locust Building Owner: TBill's Properties LLC, Tanya Billmeyer-Finn Applicant: Tanya Blllmeyer-Finn Mailing Address: 1982 Rosemont St Dubuque, IA 52002 Tel epho ne: 563-543-6221 Email: tbillmeyer@mchsi.com Date of birth: 06/10/1972 Which assistance program(s) is this project seeking? � Fa�ade Grant Program ❑ Financial Consultant Grant Program ❑ Planning and Design Grant Program Has applicant discussed details of this project with the City of Dubuque Planning Department and been made aware of the City's design review guidelines at http://citvofdubuque.orq/1295/Desiqn-Guidelines ? Yes � No ❑ If yes, with whom? _David Johnson Construction schedule of project (commencement & completion): 8/1/2017 - 12/31/2017 Page 1 of 7 A. Current Phvsical Condition of Buildinq: (lf additional space is needed, p/ease attach description as Attachment A.) 1358 is in very poor condition as the building is just a shell, all has been demolition inside. Front porch is rotted and unsalvageable. 1344 is in fair condition needing minor repairs of rotting or missing pieces. Some windows are broken on both properties. 1358 has various windows some of very poor quality that do not fit the style of the home. 1344 porch in need of restoration due to significant cracking in cement foundation and stairs are crumbling. Missing parts of cornice on both units. The original doors have been found for 1358 and the glass is missing, hinges lost and severely damaged. B. Proposed Modification of Buildinq — written: (lf additional space is needed, p/ease attach description as Attachment B.) Both properties share a common brick wall and will be owned by same owner. Overall front facade will be refurbished to coordinate with one cornice. 1344 porch will remain but 1358 will have porch removed and be replaced with portico and cement steps as original to the 1860s when built. Porches were added in 1910. Portico detail for 1358 will match the styling of 1344 porch. Windows vary significantly on 1358. Owner will replace with appropriate 4 pane aluminum wood clad windows as original once were to bring the integrity of the property back. In the rear of building the additional room that currently exists will be resided with cement board. all paintable wood and trim will coordinate and tie both buildings together as one cohesive look. The original doors have been found for 1358 and the glass is missing and are in great despair. Owner is having both sets of original doors for 1358 fully restored. C. Proposed Modification of Buildinq — visual: Please attach a detailed drawing/rendering showing dimensions, architectural details, and labels, of the proposed finished project. P/ease attach as Attachment C. Attaching photos to see visual idea of 1344 facade that 1358 portico will match. D. Impact Statement: How will the project further the revitalization of downtown? (lf additional space is needed, p/ease attach as Attachment D.) These buildings, that are currently vacant, will occupy three two bedroom apartments and a wellness studio. This brings great options for downtown living along with many health options. We are very excited to be part of the revitalization of this area. Page 2 of 7 1358 is vacant and gutted but once was a multifamily building, 1344 was a single Number of current housing units on property: family home as o/r Number of new housing units created from project: 3 apartments Number of jobs currently in building: � Number of jobs created after project completed: 3-5 Square footage of storefront space rehabbed: Rent rate being offered in rehabbed storefront: /SF for yrs. E. Buildinq Ownership: Please include proof of building ownership as Attachment E. You may use the following site as a resource: current database is not updated to show purchase that transpired on 7/28/2017 for 1358 and 8/16/2017 for 1344 locust. Due to this both purchase agreements are attached to email application. https://beaconbeta.schneidercorp,com/ F. Buildinq Ownership — orqanization: If the owner is a for-profit or non-profit organization, is a Resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted? Yes ❑ No ❑ N/A❑ P/ease attach as Attachment F. G. ApplicanYs Ownership Interests — other properties: Does applicant own or have ownership interest in other properties in Dubuque? Yes � No ❑ (/f yes, p/ease list addresses. lf additional space is needed p/ease attach as Attachment G.J 2045 Chaney (single family home rental) 725, 272, 729 West 3rd st (triplex) 1982 Rosemont (residence) Page 3 of 7 Do the above properties comply with all applicable City of Dubuque ordinances and regulations, including but not limited to, housing, building, zoning, fire, health and vacant and abandoned building regulations? Yes � No ❑ H. Propertv Siqnaqe: Do existing signs on the property comply with City Zoning regulations and design guidelines? Yes � No ❑ N/A❑ lf the above answer is no, or the applicant is proposinq new siqns, p/ease describe the design materials and co/ors that will be used on the sign face, how the sign will be displayed, and any lighting proposed. lf additional space is needed p/ace attach as Attachment H. Previously on 1344 there was a hung sign from the porch facing the oncoming traffic with the business name.THe sign has been removed by previous owner but the eyebolts that held the sign remain. We intend to do the same. This does not take away from the beauty of the facade. It is very nonintrusive. I. Leveraqed Sources: Will this project be utilizing Federal or State Historic Tax Credits? Yes ❑ No ❑ /fyes, with whom? Unknown at this time P/ease list other sources of funding and financing for this project, and whether the sources are already secured. lf additional space is needed p/ace attach as Attachment l. Current funding is being provided by owner and Dupaco. Unfortunately this building needs more than the appraiser believes it to be worth. This is why we are asking for assistance through grants and other means. There is over a $100,000 gap in the estimate to restore this building and the appraisal once complete. J. Bids: Page 4 of 7 P/ease attach bid(sJ for the proposed work as Attachment J. Bids attached are purely for front facade door refurbishing, some paint and the entrance to 1358. Window bid is still being reworked but first estimate was $20,000 K. Certificate of Insurance: P/ease attach a certificate of insurance for the individual/company bidding the work, Attachment K. Page 5 of 7 Facade Grant* What are the estimated costs for fa�ade improvements? 25000 10,000 for 1358 is needed at this time. 1344 How much assistance is the project requesting? if needed will apply later. What is the construction schedule for fa�ade improvements? Auq 1 - Dec 2017 Will the project include repointing or tuck pointing? Yes ❑ No � lf yes, a mortar analysis sample may be required. The sample would be a reimbursable expenditure.Unknown at this time. We do not believe repointing is need at this time Financial Consultant Grant* What are the estimated costs for financial consultant services? How much assistance is the project requesting? Planninq and Desiqn Grant* What are the estimated costs for planning and design? How much assistance is the project requesting? 'Grant Funds will be disbursed upon completion of work, documentation of costs and an inspection of completed project at a rate of $.50 for each $1.00 of costs incurred, up to maximum amount of grant committed. Written requests for payment must be submitted to the Economic Development Department. **Paid invoices and/or cancelled checks will be required to confirm expenditures. Page 6 of 7 List of Exhibits Exhibit A Current Physical Condition (if additional room needed) Exhibit B Proposed Modification of Building (if additional room needed) Exhibit C Detailed Drawing/Rendering Exhibit D Impact Statement (if additional room needed) Exhibit E Proof of Building Ownership Exhibit F Resolution (if applicable) Exhibit G List of ApplicanYs Other Properties (if applicable) Exhibit H Sign Compliance (if applicable) Exhibit I Leveraged Sources of Funds Exhibit J Bids Exhibit K Certificate of Insurance Page 7 of 7 Planning Services Deparrinent Dubu ue C1tV Hd1I � THE C1TY OF 50 YVest 13��Sh•eet i-� -TTR� DuUuque,IA 52001-450� �v L � (�63)589-4210 phone I I,�° Mnsterpiece on the Mississippi (563)589-4221 fax -� p�- -�� - (563)690-6678 TDD plannin��citvofdubuque.org HISTORIC PRESERVATION COMMISSION NOTICE OF DECISION TO APPLICANT CERTIFICATE OF APPROPRIATENESS APPLICANT: TBill's Properties, LLC/Tanya Biilmeyer-Finn LOCATION: 1358 Locust St. DISTRICT: Jackson Park DATE OF PUBLIC MEETING/DECISION: August 17, 2017 The Historic Preservation Commission of the City of Dubuque, lowa hereby renders and gives notice of its decision on the above-cited application in conformance with Title 16, Chapter 10 of the Unified Development Code. APPLICATION: The applicant seeks to replace the front porch for property located at 1358 Locust Street in the Jackson Park Historic District. PUBLIC MEETING: After notice, as required by law, a Public Meeting was held on August 17, 2017. Minutes of the meeting and copies of materials submitted in evidence and this notice of decision are on file in the Office of Planning Services, City Hall, Dubuque, lowa. FINDINGS: Based on the specific information presented at the Pubiic Meeting and contained in the application, and in accordance with the applicable standards of review in the Unified Development Code, the Commission has determined that the application will meet the standards for granting a certificate of appropriateness as required by Title 16, Chapter 10 of the Unified Development Code. DECISION: By a vote of 7-0, as indicated in the minutes, the Historic Preservation Commission approved the request to replace the front porch at 1358 Locust Street with the condition that the front plane, roof lines, and details of the porch match, and match as close as possible to 1344 Locust Street. Expiration date is one year from the date of issuance. Filed in the Office of Planning Services Department on the 23rd day of August 2017. �� i , L. ' �� C� � � Emily Hilgendorf, Chairperson Historic Preservation Commission cc: Applicant Service People Integrity Pesponsibffity° Iiuzovatipn Team�vork THCi�lTY OF �- City of Dubuque �� Pianning Services Department Dubuque,IA 52001-4805 :�vlastc=r�ie�e«u the��1r�:,issi�pi Phone: 563-589-4210 Fax: 563-589-4221 planninqC�a cityofdubuque.org P MNIN� APPLIC�,TI�N F�RM ❑Variance ❑Preliminary Plat ❑Simple Subdivision �Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Piat OTe�Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat �Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Ecception ❑Simple Site Plan ❑Annexation ❑His�oric Designation Historic�;strice � ❑Limited Setback Waiver ❑Minor 5ite Plan ❑Historic Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Rl�ase type or nrint le�ibl in in� Property owner(s);TBi(I's Properties LLC, Tanya BiElmeyer-Finn phone: �63-557-9763 Address:�9�2 RoSemOClt St ��;Dubuque State:�A Z�p:52QQ2 Fax#:�I� ce„ #: 5fi3�543-6221 E-mai►: tbi111'Y18yeI'c�X mGhSi.com Applicant/Agent: T�CiYa BIIIi�I'lE.'jt@!'-FIC1tl, C)wner Phone: 563-543-6221 Cell Address:S�CI'1� �S abflV2 �i�: State: Zip: Fax#; Ce(1 #: E-mail: site locat+on/address:135S LOCUSt S� Neighborhaod Association: p°wntown � oR � oR � 3acksar�P�rk � Existing zaning: Proposed zoning: qistrict: Landmark: ❑Yes ❑ No Parcei#924410002 or N1/2 M1/5 of lot 476 Legal Description(Sidwell parcel ID# or lot number/bfock numberJsubdivision): Total property(lot)area (squarefeet or acres):�•�7 acres or 2,918 SF Descr�be ro sal and reason necessa owner is restoring vacant shell buiiding p po ry(attach a letter of explanation, if needed): to original 1860's facade with appropriate 4 over 4 windows and portico with cement porch.owner will also own 1344 locust which shares a brick wal(with this property. Efforts to creative a cahesive look thru paint,repair, and repiacement. CERTIFICA7ION: I/ave,the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's respansibility to locate property lines and to review the abstraet for easements and restrictive covenants. 2. The information submitted herein is true and correet to the best of myJour(cnowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional requir w� tten and gr phic materiais are attached. a � Property0wner(s): �� Date: 7�31�2a17 ApplicantJAgent: Qake: FOR OFFICE USE ONLY—APPLICA7IOM SUBP9YT7'AL CHECKLIST Fee: Received by: Date: Docket: __, v DES�R�PT'I� �F' P �PO�� P�C}JE�°T � I u�e additional p�ges as needed) t � 1} Please describe your project, indicating the existing materials and their condition� and the reason far the propased work. � � current porch beyond repair, broken wind�ws and variety af windows replaced over �years with various design elemants. Look to replace deteriated 1910 parch with :origina( portico and firont steps as in 1863 when home was buil#. Repiacing windows , with 4 aver 4 design double hung aluminum clad and refurbishing ariginal doors that i ;are currentfy removed without any glass, hinges, etc. Photos included � i '� I I l;2) Please inclicate the type of construction materials ta be used in this projecfi I I Portico wiil be modeled to reser�ble styla of 1344 Locus# (adjoining property)with � �wofld and painted to match. windows will be aluminum c{ad anci resembfe original � ' windflws for that time period with �he 4 over 4 double hung windows. All paint wil! i coardinate. I , i 3) What alternative rsmedies have you considered to solve your problem or meet yauri needs? � I have worked with David Johnsan with the City af Dubuque, Dubuque Window and Sash and Joe Mulgrew to find appropriate solutions to bring this vacant shell of a building to it's granduer once again � i � �4) What is your timeline for completian of the proposed project? ': fdeally we laok for completion by end of 2017. � I;5} What is the estimated projecfi cost? : ICurrent cost of windows, po�tico, door restoration are upwards of$38,OOQ for 1358 Locust i f ar use a contractor? Please provide nama of� �6) W�1f yau do the work yourse! , �contractor. General Contractar is Joe Mulgrew and Painter and door restaration is Bill Reisen. � I 7) Any ath�r informatian or comments? i 1 am excited to be part of the revita1ization af the Jackson Park District. Prior to � � closing on this property { cantacted various experts to ensure that the right efforts � ; are t in place to bring beauty to this building that v��ill hous�three apartments and :l a w ness st dio. � � � > � � Date � - ---- ` t na ur __. _.� _----- � dotloop signature verification: www.dotloop.com/my/verification/DL-255044656-5-181 O/ ��EPA United States Environmental Protection Agency AMERICAN LUNG ASSOCIATION Licensed radon measurement specialists in Iowa can be found by going online to www.idph.state.ia.us/eh/radon.asp and searching the lists of certified radon measurement specialists by county or by license number. 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GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND MELISSA HAMMERAND THIS GRANT REEMENT he "Agreement"), dated for reference purposes the day of ems « , 29/f,by and between the CITY OF DUBUQUE, IOWA, a municipality egtablis, -d pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and Melissa Hammerand, ("Grant Recipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 2237/2241 Washington Street, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program; and WHEREAS, Grant Recipient's renovation and rehabilitation of the Development Property is referred to herein as the "Project"; and WHEREAS, Grant Recipient previously applied for a Facade Grant for the Project from City under the Program in amounts collectively up to Five Thousand Two Hundred Fifty Dollars ($5,250) (the "Grant"), the terms of which are set forth in this Agreement; 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 state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 070518baI 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: Facade improvements to the front porch and railings, light fixtures, and concrete (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program, and the Design Letter attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by September 1, 2018. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program and the Design Letter attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) Grant Recipient shall provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of City, furnish City with proof of insurance in the form of a certificate of insurance for each insurance policy): All risk builder's risk insurance, written on a Completed Value Form in an amount equal to one hundred percent (100%) of the. replacement value of the Development Property when construction is completed; (2) Upon completion of construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an 2 insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (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. (3) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property 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, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient 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). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such Purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Operation of Development Property; Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Property Taxes. Until the Termination Date, Grant Recipient 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 Development Property. 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of 3 race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION GRANT. 3.1. Downtown Rehabilitation Grants. (1) For and in consideration of Grant Recipient's completion of the Project, City agrees, subject to the terms and conditions set forth herein, to make the Grant described in Sections 3.3, as stated herein. The Facade Grant is a grant made under subprograms of the Program. (2) The final amount of the Facade Grant shall be determined following City's review of documentation submitted by Grant Recipient showing the eligible expenses and shall be in an amount equal to $0.50 for each $1.00 of eligible expenses incurred by Grant Recipient within the scope of the Project's approved application, up to the maximum amount stated below. 3.2. Payment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Sections 3.3, (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete, as required by Sections 1.2 and 1.3. (3) The Grant funds shall be disbursed directly to Grant Recipient. 3.3. Facade Grant. City agrees to provide Grant Recipient the Grant not to exceed Five Thousand Two Hundred Fifty Dollars ($5,250) for documented costs that improve the overall appearance of the Development Property, provided the Project as completed meets the criteria of the Facade Grant Program. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default 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 Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant 4 Recipient 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, including suspension of the payment of any installment of the Grant to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy 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 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. 4.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the 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. SECTION 5. MISCELLANEOUS. 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any interest, director indirect, in any contractor subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A Grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and 5 (1) In the case of Grant Recipient, is addressed or delivered personally to Melissa Hammerand, 19701 Kruse Lane, Sherrill, IA 52073; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient and Grant Recipient hereby indemnify and agree to defend and hold harmless City against any claims made by Grant Recipient or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 6 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBUQUE, IOWA MELISSA HAMMERAND By: 461 Roy D. ol, Mayor ATTEST: Dubuque THE CITY OF �' DUB E � � II �� Masterpiece on tlie Mississippi City of Dubuque, lowa 300;'°„ ''"" Faqade GrantProgram, Financial Consultant Grant Program, and Planning and Design Grant Program, APPLICATION Applications Por funding through the City of Dubuque's Faqade Grant Program, Financial Consultant Grant Program, and Planning&Design Grant Program will be accepted by the Economic Development Department, 50 West 13th Street, Dubuque, lowa(563) 589-4393. Flyplications will be received on a rolling basis and reviewed monthly by a Review Committee consisting of staff 6om the Economic Development, Building Services, and Planning Departments with selected projects being submitted to the City Manager for final review and approval. APPLICANT INFORMATION Address of Project: 2237/2241 Washinqton St Dubuque IA Building Owner: Lyle & Melissa Hammerand Applicant: Lyle & Melissa Hammerand Mailing Address: 19701 Kruse Ln Sherrill IA Telephone: 563A51�474 (Melissa Celp Email: mel.hammerand(a�qmaiLcom Date of birth: 11-10-1971 Which assistance program(s) is this project seeking? X Fa�ade Grant Program ❑ Financial Consultant Grant Program ❑ Planning and Design Grant Program Has applicant discussed details of this project with the City of Dubuque Planning Department and been made aware of the City's design review guidelines at htto://ciNofdubuaue.ora/1295/Desian-Guidelines ? Yes� No ❑ Ifyes, withwhom? JiIICOnnOf�� Construction schedule of project (commencement &completion): Page 1 of 6 A. Current Phvsical Condition of Buildinq: (lf additional space is needed, p/ease attach description as Attachment A.) Buildin� itself is in �ood condition. Wood porch was rotten. The electrical on 2241 side no longer worked. Cement blocks on walls were missing or loose. The beams supporting the roof were rotting under aluminum wrap. Porch itself was in very poor condition. B. Proposed Modification of Buildinq — written: (lf additional space is needed, p/ease attach description as Attachment B. We replaced the wiring and installed new light fixtures on both sides. Contractor also poured new sidewalk on 2237 side leading to the porch and installed new hand railings on both sides. C. Proposed Modification of Buildinq — visual: Please attach a detailed drawing/rendering showing dimensions, architectural details, and labels, of the proposed finished project. P/ease attach as Attachment C. D. Impact Statement: How will the project further the revitalization of downtown? (lf additional space is needed, p/ease attach as Attachment D.) /SF for yrs. This property is located at the end of the alley between the Bee Branch and Washington Street. Looking from Sacred Heart Church it's framed perfectly in the alley opening. The replacement of the old porch has greatly impacted the appearance of the building and added beauty to the neighborhood. 2 Number of current housing units on property: Number of new housing units created from project: Number of jobs currently in building: Number of jobs created after project completed: Square footage of storefront space rehabbed: Rent rate being offered in rehabbed storefront: Page 2 of 6 E. Buildinq Ownership: Please include proof of building ownership as Attachment E. You may use the following site as a resource: https://beaconbeta.schneidercorp,com/ F. Buildinq Ownership — orqanization: If the owner is a for-profit or non-profit organization, is a Resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted? Yes ❑ No ❑ N/A� P/ease attach as Attachment F. G. ApplicanYs Ownership Interests — other properties: Does applicant own or have ownership interest in other properties in Dubuque? Yes � No X (/f yes, p/ease list addresses. lf additional space is needed p/ease attach as Attachment G.J Do the above properties comply with all applicable City of Dubuque ordinances and regulations, including but not limited to, housing, building, zoning, fire, health and vacant and abandoned building regulations? Yes X No LJ H. Propertv Siqnaqe: Do existing signs on the property comply wit�City Zonjng regulat' s and design guidelines? Yes No �� N/A� lf the above answer is no, or the applicant is proposinq new siqns, p/ease describe the design materials and co/ors that will be used on the sign face, how the sign will be displayed, and any lighting proposed. lf additional space is needed p/ace attach as Attachment H. Page 3 of 6 I. Leveraqed Sources: Will this project be utilizing Federal or State Historic Tax Credits? Yes ❑ No � /fyes, with whom? P/ease list other sources of funding and financing for this project, and whether the sources are already secured. lf additional space is needed p/ace attach as Attachment l. Dupaco Community Credit Union Loan secured J. Bids: P/ease attach bid(sJ for the proposed work as Attachment J. K. Certificate of Insurance: P/ease attach a certificate of insurance for the individual/company bidding the work, Attachment K. Page 4 of 6 Facade Grant* $10,500 What are the estimated costs for fa�ade improvements? How much assistance is the project requesting? $5,250 What is the construction schedule for fa�ade improvements? Work began July 17t", 2017 and was completed August 18t", 2017 Will the project include repointing or tuck pointing? Yes ❑ No � lf yes, a mortar analysis sample may be required. The sample would be a reimbursable expenditure. Financial Consultant Grant* What are the estimated costs for financial consultant services? none How much assistance is the project requesting? Planninq and Desiqn Grant* What are the estimated costs for planning and design? none How much assistance is the project requesting? 'Grant Funds will be disbursed upon completion of work, documentation of costs and an inspection of completed project at a rate of $.50 for each $1.00 of costs incurred, up to maximum amount of grant committed. Written requests for payment must be submitted to the Economic Development Department. **Paid invoices and/or cancelled checks will be required to confirm expenditures. Page 5 of 6 List of Exhibits Exhibit A Current Physical Condition (if additional room needed) Exhibit B Proposed Modification of Building (if additional room needed) Exhibit C Detailed Drawing/Rendering Exhibit D Impact Statement (if additional room needed) Exhibit E Proof of Building Ownership Exhibit F Resolution (if applicable) Exhibit G List of ApplicanYs Other Properties (if applicable) Exhibit H Sign Compliance (if applicable) Exhibit I Leveraged Sources of Funds Exhibit J Bids Exhibit K Certificate of Insurance Page 6 of 6 Jill Connors From: Jill Connors Sent: Friday, October 20,2017 9:17 AM To: 'Melissa Hammerand' Subject: RE: Facade Grant information Melissa, I spoke with Dave Johnson in Planning. As much of the work is already complete and we wouldn't want to have you start completely over at this point, Dave suggested painting the concrete block black before placing the lattice work over it. That should improve the look quite a bit. Please check back with me in about 6 months to see where we are in the budget. Thanks so much! JAL M. covutiors� Economic Development Project Coordinator City of Dubuque, lowa 5o W. i3th Street Dubuque, lA 5zooi 563-589-4213 �direct) 563-589-4393 �main) jilconno�a cityofdubuque.org From: Melissa Hammerand [mailto:mel.hammerand@gmail.com] Sent: Wednesday, October 18, 2017 3:39 PM To: Jill Connors <Jilconno@cityofdubuque.org> Subject: Re: Facade Grant information Thanks Jill for getting back to me. I'll submit the form and cross my fingers that more funds arrive. Since they said they "may have required" we do those changes would they consider us adding the lattice over the block forappearance purposesacceptable? The entire porch is one solid piece of poured concrete with block walls.The flooring and block walls are all solid and not deteriorated at all. Unfortunately changing it would require the whole porch being dismantled and rebuilt. Thanks so much for your time and efforts on this. I'll send the forms over once I've got them completed and the lattice added. I'll update the pic to include the lattice work. Thanks again Jill. Melissa On Wed, Oct 18, 2017 at 2:05 PM,Jill Connors <Jilconno(c�citvofdubuque.org>wrote: Melissa, 1 Planning staff wrote the following based on the photos in your email: "Without details, it looks pretty good. The only thing I may have required was to remove the concrete block base and replace with framed wood enclosed with horizontal and vertical lattice." We appreciate your investment in our downtown, but I need to let you know I'm not sure we have funding available in this grant program. Having said that, you're welcome to fill out an application for us to have on file, in the event funds would become available in the near future. The project would need to reflect the changes mentioned above in the end to qualify. I've attached an application for your convenience. Please let me know if you have any other questions. Again, thanks so much for making downtown more beautiful!! ,ji.Li.M. conM.cry Economic Development Project Coordinator City of Dubuque, lowa 5o W. i3th Street Dubuque, lA 5zooi s6�-s84-azi� (direct) s6�-s84-a�4� (main) jilconno(a�cityofdubuque.org From: Melissa Hammerand [mailto:mel.hammerand(q��mail.com] Sent: Monday, October 16, 2017 12:50 PM To:Jill Connors <Jilconno@citvofdubuque.or�> Subject: Re: Facade Grant information Hi Jill, Thanks for the response. If it doesn't meet the requirements can you find out if there's anything that could be added to make it within the guidelines. I appreciate your help on this. z GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND JANICE ESSER ,, THIS GR NT GREEMENT e "Agreement"), dated for reference purposes the ✓ `l7day of '<>, , 29/ by and between the CITY OF DUBUQUE, IOWA, a municipality stabli ed pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and Janice Esser, ("Grant Recipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 1072 Locust Street, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program; and WHEREAS, Grant Recipient's renovation and rehabilitation of the Development Property is referred to herein as the "Project"; and WHEREAS, Grant Recipient previously applied for a Fagade Grant for the Project from City under the Program in amounts collectively up to Ten Thousand Dollars ($10,000) (the "Grant"), the terms of which are set forth in this Agreement; 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 state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 070618baI 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: Installation of historically -replicated front door, appropriate windows, and addition of front porch paint and window trim (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program, and the Design Letter attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by September 1, 2018. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program and the Design Letter attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) During construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (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. 2 (2) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property 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, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient 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). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such Purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Operation of Development Property; Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Property Taxes. Until the Termination Date, Grant Recipient 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 Development Property. 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION GRANT. 3.1. Downtown Rehabilitation Grants. 3 (1) For and in consideration of Grant Recipient's completion of the Project, City agrees, subject to the terms and conditions set forth herein, to make the Grant described in Sections 3.3, as stated herein. The Facade Grant is a grant made under subprograms of the Program. (2) The final amount of the Facade Grant shall be determined following City's review of documentation submitted by Grant Recipient showing the eligible expenses and shall be in an amount equal to $0.50 for each $1.00 of eligible expenses incurred by Grant Recipient within the scope of the Project's approved application, up to the maximum amount stated below. 3.2. Payment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Sections 3.3, (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete, as required by Sections 1.2 and 1.3. (3) The Grant funds shall be disbursed directly to Grant Recipient. 3.3. Facade Grant. City agrees to provide Grant Recipient the Grant not to exceed Ten Thousand Dollars ($10,000) for documented costs that improve the overall appearance of the Development Property, provided the Project as completed meets the criteria of the Facade Grant Program. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default 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 Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient 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, including suspension of the payment of any installment of the Grant to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy 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 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. 4.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the 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. SECTION 5. MISCELLANEOUS. 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A Grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of Grant Recipient, is addressed or delivered personally to Janice Esser, 1072 Locust Street, Dubuque, IA 52001; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. 5 or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient and Grant Recipient hereby indemnify and agree to defend and hold harmless City against any claims made by Grant Recipient or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the 6 obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBUQUE, IOWA JANICE ESSER By: By: Roy D. B I, Mayor ATTEST: Kevin . Firnstahl, City Clerk 7 � Form Center ;7_ �. f p�( Z3(�PII� ��-X ve-d l �� Facade Grant Applications APPLICANT INFORMATION Applicant:` Telephone:` E-mail Address:' _ . __. � __ jJANICE ESSER 563-581-6073 janiceannesser@gmail.com Applicant Mailing Address' �1072 LOCUST �N� ` �� Applicant Mailing Address �_�._.____ --__-_- — t City* State' Zip* __ - -__ DUBUQUE IA 52001 ..........................................................••••.............................................................................................................. PROJECT INFORMATION Address of Project* �_ __ — .._ _ 1072 LOCUST Address of Project �Adciress Line 1 � City* State* Zip* DUBUQUE �-------------- ------- -- IA 52001 � �_ ,I � Building Owner.' ___ -- — �KEVIN&JANICE ESSER Which assistance program(s)is this project seeking?' i✓, Fa�ade Grant Program ❑ Financial Consultant Grant Program ❑ Planning and Design Grant Program Has applicant discussed details of this project with the City of Dubuque Planning Department and been made aware of the City's design review guidelines?* View the City of Dubuque's Design Review Guidelines at http://ciryofdubuque.org/1295/Design-Guidelines �Yes � No If yes,with whom?* JILL CONNORS *indicates a required field Select Languaq.e � ------------------------------------------------------------------------------------------------------------------- A.Current Physical Condition of Building:* We have already installed a new front door(custom built to replicate the original).Tuck pointing,windows,and garage doors have been done. ............................................................................................................................................................................ B.Proposed Modification of Building(written):* We will be painting the front porch and window trim. �� 1 ............................................................................................................................................................................ C.Proposed Modification of Building(visual):" Browse... Please attached a detailed drawing/rendering showing dimensions, architectural details,and labels,of the proposed finished project.Please attach as"Attachment C". ............................................................................................................................................................................ D.Impact Statement:How will the project further the revitalization of downtown?* ..� _�._� � _ ---------------------- I� believe our project will enhance the downtown area because our property has been uninhabitable for a number of years and we are in the process of trying to bring it back to it's original beauty.Also,we will be living in a previously vacant property and have already secured a small business owner for our commercial space. � Number of current housing units on property:' Number of new housing units created from project:* -- ------------ ---- ------- 1 (1 Number of jobs currently in building:' Number of jobs created after project completed:' ------------- ----------------- --. _— _ _ �---- �1 i� Square footage of storefront space rehabbed:• Rent rate being offered in rehabbed storefront:' 440 � � ($400/mo Please list as"x"square feet for"x"years(example:8,000 square feet for 10 years) ............................................................................................................................................................................ E.Building Ownership ---_ — -- - --..... —--- Browse... Please include proof of building ownership as"Attachment E".You may use the following site as a resource:https:!/beaconbeta.schneidercorp.com/ ............................................................................................................................................................................ F.Building Ownership(organization)* If the owner is a for-profit or non-profit organization,is a Resolution adopted by the Board of Directors which authorizes both the project and application attached with the Minutes of the Meeting when it was adopted? ❑ Yes ❑ No � N/A Select Lanquaae � C , _ � - - ,,., � ti ._-_-------. _ :,�� ,� � ��. . .. . » .. - - .�_ . - ; � �� _ . �� ; _ __ __-__ � � -----� _ � - � �.�.. � �; � � '�� i '` ' `-=_- -------�_��. s _� i�na�� _ �._ �;'lil!I'i!!Illii�l(III :li �i��;��u i � �� ;�ttli � , -r�.� �� . �� -- �-- _- � � � ' �� I � 7 .,� ' � - t �-� � �� . �zT�� -_ .....�., . -'�3c' e....•d''/ '.:- 'x � ��' � '�.. �-��1.�� -�--:::rc-Me.. �.-� k._� vY�:.r -� 'f - �t `�. "' a -..+�..,,�..� �i � `G �' L�lre`��'' q.. � : ��r'.y�F '-� �i4_., ._..�"_ "` . _� -�I1��'�t.' . + .. -e.r .._ . .-�—'_ _. . . . .. . . a-,.. . . .. .. , \ � � -:_ _....:�;' _ '._3_." 46'�'�?��=9s.�� R:_"- ti'�.f{-'�.�l.'� _. . . .__ . � . . ._ ._ . .___� - - ( ^\ a .\ 4.�� .-_ ' . 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Summary ParcellD 1024459002 - Alternate ID HISTORIC DISTRICT � PropertyAddress 1072LOCUSTST h-��' DUBUQUEIA52001 Sec/Twp/Rng N/A �" ' �x�, . \�t.� � Brief S 387"OF CITY LOT 1591072&10721/2 � � � i� � TaxDescription LOCUSTST �s ��1� �� (Note:Not to be used on Iegal documents) ' �+ee�.�r- �-; Deed BooWPage 2017 2872(3/15/2017) ( �, �, �� Contrad =�t�„� - �i_. I � �':.�. Book/Page GrossAcres 0.00 � � d�_..____—_ _ NetAcres 0.00 -� � � Class C-COMMERQAL;M-MultiResidential t ""' (Note:This is for tax purposes only.Not to be ' ` "" usedforzoning.) ,��_ _ _ - ---- - � � District DUBA-DUBUQUECITY/DBQCOMMSCH School District DUBUQUE COMM.SCHOOL DIST — _ �� #�� Owners Deed Holder Contrad Holder MailingAddress Esser,Kevin C&Janice A Esser,Kevin C&Janice A 333 E lOth St#419 333 E 10th St#419 DubuquelA 52001 DubuquelA 52001 Land ............................ Lot Area 0.10 Acres;4,398 SF Commercial Buildings Building 1: Apartment,(3 units),Solid Brick-8",3 Story,Built-1900,1086 SF,Bsmt-0 SF, HVAC-Hot Water,Roof-Rubber Membrane/Wood,Condition-Observed Addition 1: Store-Retail Small,Solid Brick-8",15tory,Built-1900,795 SF,Bsmt-O SF HVAC-Hot Water,Roof-Rubber Membrane/Wood Addition 2: Apartment,Solid Brick-8",15tory,Built-1900.168 SF.Bsmt-0 SF HVAC-Hot Water,Roof-Rubber Membrane/Wood Plumbing: 3-3-Fixture Bathroom,3-Sink-Kitchen :will be Used on the Adjustments: A/C-deduct,1086 SF Apt-Hot water or steam heat,3258 SF --------- A/C-no upper,2172 SF Building Extras: #1-Porch(Commercial),141 SF,Porch,Average Pricing,1900,Qty1 #2-Garege,1,462 SF,Brick,Average Pricing,1900,Qtyl Sales Multi Date Seller Buyer Recording NUTC Type Parcel Amount 3/9/2017 MCSTACPROPERTIESLLC ESSER,KEVINC&JANICEA 17-2872 Normal Deed $102,000.00 ............................. 12/19/2013 CURTIS STRAUB CO MCSTAC PROPERTIES LLC 13-19212 Normal Contract $65,000.00 Includes sales on or after 1/1/2003 Valuation 2017 2016 2015 2014 Classification Commercial/ Commercial/ Commercial/ Commercial Multiresidential Multiresidential Multiresidential + Assessed Land Value $13,791 $13,791 $13,791 $13,190 + AssessedBuildingValue $29,021 $29,021 $29,021 $68,190 + Assessed Dwelling Value $42,278 $'12,278 $42,2�$ $� �— i— = Gross Assessed Value $85,090 $85,090 $85,090 $81,380 - ExemptValue $0 $0 $0 $0 = NetAssessedValue $85,090 $85,090 $85,090 $81,380 Taxation Select Languaae 1 Proof of organization approval: Browse... Please attach as"Attachment F" 1 ............................................................................................................................................................................ ; f i G.Applicant Ownership Interests(other properties)* a Does the applicant own or have ownership interest in other properties in Dubuque? � I 0 Yes i C�j No If yes,please list addresses:* _ — ----- -- .- -. - - - -- - _ _ __ --- - ----- . _. - --_ ____._._._. _ - -- - -- -- i 1 i � i Do the above properties comply with all applicable City of Dubuque oediances and regulations?* These include,but are not limited to,housing,building,zoning,fire,heafth,and vacant and abandoned building regulations? []Yes ❑No ' ............................................................................................................................................................................ H.Peoperty Signange* I Do existing signs on the property comply with City Zoning regulations and design guidelines? , �Yes ' ❑Na If the above answer is"Plo"OR the applicant is proposing new signs,piease describe the design materiais and colors that will be used on the sign face,how the sign will be displayed,and any light�ng proposed.* ' ............................................................................................................................................................................ I.Leverage Sources:" Will this project be utilizing Federal or State Historic Tax Credits? ❑Yes �No If yes,with whom? - - - -- - - i I Please list other sources of funding and financing for this project,and whether the sources are aiready secured:* �, _-- - --- - - - <SPAN>OATH Program-Secured Financing through DB&T-Secured </SPAN> � I � �^ Select Lanauane' ♦ � ............................................................................................................................................................................ J.sids• Browse... Please attach bid(s)for the proposed work as'Attachment J'. ............................................................................................................................................................................ K.Certificate of Insurance" Browse... Please attach a certificate of insurance for the individual/company bidding the work as"Attachment K" Please complete the applicable sections below for the program�s)you are applying your project for.For the program�s)you are NOT applying for,please list"N/A". NOTE:Grant Funds will be disbursed upon completion of work,documentation of costs and an inspection of completed project at a rate of$.50 for each $1.00 of costs incurred,up to maximum amount of grant committed.Written requests for payment must be submitted to the Economic Development Department."Paid invoices and/or cancelled checks wiil be required to confirm expenditures. ............................................................................................................................................................................ FACADE GRANT What are the estimated costs for fa�ade improvements?' How much assistance is the project requesting?' ($50,769.02 $10,000.00 What is the construction schedule for fagade improvements?' _ � Tuck pointing and garage doors are completed.Windows and doors are partially completed and will be finished by March 2018. Will the project include repointing or tuck pointing?' �Yes ❑ No If yes,a mortar analysis sample may be required.The sample would be a reimbursable expenditure. ----��-�-------------------------------------------------------------------------------------��-------------------- FINANCIAL CONSULTANT GRANT What are the estimated costs for financial consultant services?' How much assistance is the project requesting?* N/A N/A --------------�-----------�_�---------------------------------------------��------------�-------------------------- PLANNING AND DESIGN GRANT What are the estimated costs for financial consultant services?' How much assistance is the project requesting?' N/A � N/A I'm not a robot reCAPTCHA Prnacy-Tertns [�I Receive email copy Email address _ ... _ . - --------�_____... �___�--_------- ---- This field is not part of the form submission. Select Lanauage � � � Invoice �� C 201 8th Ave. NW Date I nvoice# y PO Box 155 ��-��q:,� .�,:�:-T-T-�=-� Worthington, IA 52078 12/12/2017 135842 Phone 563-855-4305 Building Produets, 1nc. Bill To Sh:p To Kevin Esser 333 East lOth Street #419 Dubuque IA 52001 Project Qty Description Price Amount 1 2' 8" model Dl, 4 9/16"jamb with fire labeled jamb & 515.08 515.08T slab, R.H., D.B., colonial bronze hinges,bronze sill & weather stripping, painted#57 both sides 1 2' 8" model D2,4 9/16"jamb with fire labeled jamb, R.H., 549.90 549.90T S.B., colonial bronze hinges,bronze sill &weather stripping,painted#57 both sides 1 2' 6° model Sl, 4 9/16" #82 clad frame, RH., D.B., 721.60 721.60T colonial bronze hinges,bronze sill &weather stripping, painted#57 int./#82 ext., cut down for RO height oi 6' 6 1/2" Sales Tax (7.0%) $125.06 Total $1,911.64 visit our website at www.centurybuildingproducts.net Thank You! V Invoice �� C 201 8thAve.NW Date Invoice # � PO Box 155 ��-:1=-:T-1��r�l��r;T;--�-n-� Worthington,IA 52078 12/4/2017 135682 Phone 563-855-4305 Building Products, Inc. Bill To Ship To Kevin Esser 333 East lOth Street #419 Dubuque IA 52001 Project C,�ty Description Price Amount 1 Overhead Door Package 3,185.25 3,185.25T 1 - 10'x 7' Model �195(F) OHD, Black Exterior, White Interior, Tracks to be Bracket Mounted, Installed w/Weatherstrip 2 - 8' x 7' Model # 195(F) OHD, Black Exterior; White Interior,Tracks to be Bracket Mounted, Installed w/Weatherstrip 3 - OHD 3/4 HP Chain Drive Operators Installed w/ (3) 3 Channel Dodger Remotes & 1 - Code Dodger Keyless Entry Pad NOTE: If Go With 24" Panels Add$699.20 Sales Tax (7.0%) $222.97 Total $3,408.22 visit our website ut www.centurybuildingproducts.net Thank You! �i PROPOSAL JOB NAME: Tuck-pointing Caulking/Painting LOCATION: 1072 �ocust st. Dubuque, IA 52001 PH�N E: 563-581-6073 DATE: May 9, 2017 R & W REST4RATION LLC 305 N. Kyle Ave. East Dubuque, IL 61025 563-543-4887/563-585-1856 (RANDY) wi l 1v5861 C�ya h oo.co m ATTENTION: KEVIN AND JANICE ESSER 1.) We will grind out all defective mortar joints to a depth of 3/4",on all facades, including garage sides and back. 2.) We will replace any broken, missing or deteriorated brick with brick to match existing brick as close as possible. 3.) We will tuck-point all areas ground out with mortar to match existing mortar as close as possible. 4.) We will spot point foundation with mortar to match existing mortar as close as possible. 5.) On South side of building, we will grind out 3'from top down 100%,then tuck-point. 6.) We will caulk and paint East and South side windows. 7.) We will clean all NEW work with 600 Detergent when finished. 8.) All clean up and debris will be disposed of by contractor. 50%down to start project: $10,100.00 Remaining balance due upon completion: $10,100.00 SIGNATURE J,�,-`I�� -li��"� DATE L�I �� TOTAL DUE: $20�200.00 � � J (This proposal is valid for 60 days.) V Invoice ��'�`� � 201 sth A�e.NW Date i nvoice # L � PO Box 155 ; :��(`T'Zr�f'`!I'-�(�"1 TT�1�� Worthington,IA 52078 11/29/2017 135578 Phone 563-855-4305 Bui[ding Produets, Ine. Bill To Ship To Kevin Esser 333 East lOth Street #419 Dubuque IA 52001 Project Qty Description Price Amount 1 Andersen woodwright doublehung window package, 16,010.77 16,010.77T Black ext./White int., HP LowE4 Smartsun glass, Black Truscene insect screens,Traditional Black sash locks 2-WHDI 23 5/8" X 85 1/2", 1-WHDI 31 5/8" X 85 1/2", 1-WHDI 29 3/4" X 85 1/2", 1-WDHI 23 5/8" X 73 1/2" both sash's tempered, 2-WDHI 29 5/8" X 77 1/2" lower sash tempered, 2-WDHI 23 5/8" X 77 1/2" lower sash tempered, 1-WDHI 31 5/8" X 77 1/2" lower sash tempered, 1-WDHI39 3/4" x 77 1/2" lower sash tempered, 3-WDHI 23 3/8" X 73 1/2" one has obscure lower sash, 1-WDHI 35 5/8" X 41 1/2", 1-Rectangle 3' 7 1/2° x 8' 3 1/2" tempered glass,4 9/16" white j ambs 1-Rectangle 2' 6 1/2" x 1' 1", 2-WDHI 22 1/2" X 52 3I8", 1-WDHI 33 5/8" X 52 3/8" SEND WINDOW LIST Sales Tax (7.0%) $1,120.75 Total $17,131.52 visit our website at www.centurybuildingproducts.net Thank You! �,J I nvoice 7969-A � �ILi Invoice# ,;�, � Date 1/4/2018 ARGH ITECTURAL M I LLWORK C4 BIII TO 2225 Kerper Blvd. Janice & Kevin Esser Dubuque,IA 52001 1072 Locust St. (s63�69o-13s8-pnone (563)557-8852-fax Dubuque, � 52�01 www.adamsarch.com Terms Phone# Ship Via FOB Description QTY Rate Amount Front Enhy Door Unit 1 4,745.00 4,745.00T 2-1/4"thick double door,door slab opening 56-9/16"x 104-1/4", fabricated from Mahogany,door slabs have one panel on the bottom,glass in the middle,and glass on top.Includes astragal between doors,raw to be finished by others. Pre-hang door with 6-9/16"frame depth,fabricated from Mahogany. 1 1,155.21 1,155.21T Re-use existing hinges,but we will need to add one or two hinges to each side for a total of 4 or 5 hinges for each slab. Galena-style brickmould fabricated from Mahogany 1 210.00 210.00T Encapsulate glass--will encapsulate the two existing glass house 1 218.57 218.57T numbers on it into an insulated unit. Finishing—stain&finish. Marine grade finish with UV inhibitors. 1 1,500.00 1,500.00T Multi-Point Hardware 1 675.00 675.00T Handle for multi-point hardware with American cylinder,Modern 2 194.00 388.00T style 2"x 10"escutcheon plate,Hercules lever.Flat black--right hand and left hand. � Adams Architectural is not liable for material if not installed correctly.Any additions,omissions,changes or verba( Subtota I agreements shall not become binding upon the seller unless confirmed in writing and accepted by seller.Seller is not responsible for goods damaged after delivery or pick-up.Clerical errors are subject to correction.Cancellation of o orders cannot be accepted after material is manufactured or in process of manufacture except at expense of Sales Tax (7.0/o� purchaser.No materials may be retumed if painted or stained or after 30 days of delivery,and then only upon our permission and shipping instructions.TERMS:A 50%deposit is required to process the order with the balance due Payments/C red its upon completion.If not paid when due,a monthly delinquency charge of 1 1/2%per month will be imposed. Dubuque Window&Door shall be entitled to recover this charge as well as reasonable attomey fees,court costs, and other expenses incurred in collection of any account not paid within 30 days. ga�a(�Ce �U@ Page 1 I nvoice Invoice # 7969-A � �L� .�. �� Date 1/4/2018 ARCH I � ECTURAL MILLWORK C4 BIII TO 2225 Kerper Blvd. Janice & Kevin Esser Dubuque,IA 52001 1�72 I,OCUSt St. (563)690-1358-phone (563)557-8852-fax Dubuque, � 52��1 www.adamsarch.com Terms Phone# Ship Via FOB Description QTY Rate Amount Please make checks payable to Adams Architectural Millwork& mail to 2225 Kerper Blvd.,Dubuque,IA 52001. Visa,Mastercard,and Discover are accepted,but if the amount exceeds$3,000.00,a 4%fee will be added. Terms&Conditions: -50%down payment,final payment due prior to shipment. -F.O.B.Adams Architectural Millwork dock. -Field measurements-to be completed by installing contractor. -Installation not included. -We are a manufacturer/supplier—no retainage allowed. � -Cancellation:down payment is forfeited if order is cancelled. -Changes in quantity of product ordered compared to the quote may have an effect on price. -Work in progress cannot be changed without a written change order. -The bid is also based on information provided at this time.Any revisions required at a later date will be subject to price review at that time. -Clerical errors are subject to correction. -We reserve the right to withdraw this bid if it is not accepted in 30 days. Adams Architectural is not liable for material if not installed correctly.Any additions,omissions,changes or verbal S ubtota i $8,891.78 agreements shall not become binding upon the seller unless confirmed in writing and accepted by seller.Seller is not responsible for goods damaged after delivery or pick-up.Clerical errors are subject to correction.Cancellation of o orders cannot be accepted after material is manufactured or in process of manufacture except at expense of Sales Tax (7.0/o� $622.42 purchaser.No materials may be retumed if painted or stained or after 30 days of delivery,and then only upon our permission and shipping instructions.TERMS:A 50%deposit is required to process the order with the balance due payments/Credits $0.00 upon completion.If not paid when due,a monthly delinquency charge of 1 1/2%per month�vill be imposed. Dubuque Window&Door shall be entitled to recover this charge as�vell as reasonable attomey fees,court costs, and other expenses incurred in collection of any account not paid within 30 days. BaIaC1Ce DU@ $9,514.20 Page 2 ....................................................................................................................................................................... K. Certificate of Insurance* - __ _ _ Browse... Please attach a certificate of insurance for the individualicompan� bidding the work as "Attachment K" Please complete the applicable sections below for the program(s)you are applying your project for. For the program(s)you are NOT applying for, please list"N/A". NOTE: Grant Funds will be disbursed upon completion of work, documentation of costs and an inspection of completed project at a rate of$.50 for each $1.00 of costs incurred, up to maximum amount of grant committed. Written requests for payment must be submitted to the Economic Development Department. ""Paid invoices and/or cancelled checks will be required to confirm expenditures. FACADE GRANT What are the estimated costs for fa�ade How much assistance is the project requesting?* improvements?'` -- ---------------- � — �� k� What is the construction schedule for fa�ade improvements?* � ------ Will the project include repointing or tuck pointing?* � Yes ❑ No if ves, a mortar analysis sample may be required. The sample would be a reimbursable expenditure. --------------------------------------------------------------------------------------------------------------- FINANCIAL CONSULTANT GRAN� What are the estimated costs for financial How much assistance is the project requesting?* � consultant services?* � _ � �-- I � J "'-"""__""_"""""""_"""""""""""'_""""""""""""__"""""'-""""'_"""' PLANNING AND DESIGN GRANT What are the estimated costs for financial How much assistance is the project requesting?* consultant services?* ------ — $ �--- �� Select Language � 1'm not a robot reCAPTCHA Privacy-Te�ms � Receive emaii copy Email address ��—�____ __ _�._. ---- This field is not part of the form submission. Select Language � Jill Connors From: Jill Connors Sent: Monday,April 30, 2018 4:04 PM To: David Johnson Subject: RE: 1072 Locust Right— I saw the overhead doors invoice and planned to dispute that submission. Thanks for your input! JLlLM. Convwra; M�A Economic Development Project Coordinator City of Dubuque, lowa 5o W. i3th Street Dubuque, lA 5zooi 563-589-4213 �direct) 563-589-4393 �main) jilconno�a cityofdubuque.org From: David Johnson Sent: Monday, April 30, 20184:02 PM To: Jill Connors <Jilconno@cityofdubuque.org> Subject: RE: 1072 Locust They did.The only thing I wouldn't reimburse on is the overhead doors, but by the looks of the expenses, they don't need to for the max grant amount. The project turned out great. David Johnson Building Services Manager City of Dubuque (563) 589-4150 diohnsonC�citvofdubuque.or� From:Jill Connors Sent: Monday, April 30, 2018 3:57 PM To: David Johnson <Diohnson@citvofdubuque.or�> Subject: 1072 Locust Dave, I've got an application here for a fa4ade grant for 1072 Locust. Have they consulted with you on design/materials? I see some of the work has been done, and I want to make sure all is in line before I ask for permission to make a commitment of funds. JLlLM. Convwra; M�A Economic Development Project Coordinator City of Dubuque, lowa 5o W. i3th Street Dubuque, lA 5zooi 563-589-4213 �direct) 1 GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND WESTWARD CAPITAL MANAGEMENT, LLC THIS G NT AGREEMENT t .e "Agreement"), dated for reference purposes the 7/114 day of d , 20 , by and between the CITY OF DUBUQUE, IOWA, a municipalitrestabV hed pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and Westward Capital Management, LLC ("Grant Recipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 1176 Iowa Street, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program; and WHEREAS, Grant Recipient's renovation and rehabilitation of the Development Property is referred to herein as the "Project"; and WHEREAS, Grant Recipient previously applied for a Facade Grant for the Project from City under the Program in amounts collectively up to Eight Thousand Dollars ($8,000) and a Planning & Design Grant for the Project from City under the Program in amounts collectively up to Three Thousand Dollars ($3,000)(collectively "the Grants"), the terms of which are set forth in this Agreement; 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 state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 071218ba1 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: Facade improvements returning the exterior to its late 1800s appearance (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program, and the Design Letter attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by November 1, 2018. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program and the Design Letter attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) During completion of construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (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. 2 (2) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property 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, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient 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). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Real Property Taxes. Until the Termination Date, Grant Recipient 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 Development Property. 2.2. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.3. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION GRANT PROGRAM. 3.1. Fapade Grant and Planning & Design Grant. (1) For and in consideration of Grant Recipient's completion of the Project, City agrees, subject to the terms and conditions set forth herein, to make the Grants described in Sections 3.2 and 3.3, subject to the terms and conditions of each particular grant, as stated herein. The Grants are made under subprograms of the Program. (2) The final amount of the Grants shall be determined following City's review of documentation submitted by Grant Recipient showing the eligible expenses (as applicable to the particular grant) and shall each be in an amount equal to $0.50 for each $1.00 of eligible expenses incurred by Grant Recipient within the scope of the Project's approved application, up to the maximum amounts stated below. 3.2. Facade Grant. City agrees to provide Grant Recipient a grant not to exceed Eight Thousand Dollars ($8,000) for documented costs that improve the overall appearance of the Development Property, provided the Project as completed meets the criteria of the Facade Grant Program. 3.3. Planning & Design Grant. City agrees to provide Grant Recipient a grant not to exceed Three Thousand Dollars ($3,000) for documented predevelopment costs, architectural and engineering fees, and other authorized soft costs associated with the rehabilitation of the Development Property, provided the Project as completed meets the criteria of the Planning & Design Grant Program. 3.4. Payment of the Grants. The Grants shall be payable as follows: (1) Any and all portions of the Grants shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Sections 3.2 and 3.3 (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete, per the terms of Section 1.2; and (3) The Grant funds shall be disbursed directly to Grant Recipient. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performedunder this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default 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 Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient 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, including suspension of the payment of any installment of the Grants to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; 4 (2) City may terminate this Agreement; or (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy 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 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. 4.4. 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. SECTION 5. MISCELLANEOUS. 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of Grant Recipient, is addressed or delivered personally to Westward Capital Management, LLC, PO Box 1806, Dubuque, IA 52004-1806; Attn: Cory Lambert; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. 5 or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by the parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient hereby agrees to defend, indemnify, and hold harmless City against any claims made by Grant Recipient, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and 6 (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grants, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBUQUE, IOWA WESTWARD CAPITAL MANAGEMENT, LLC By: Roy D. B ATTEST: Mayor Cory Lambert Kevin S. Firnstahl, City Clerk 7 Dixbuqae ��r-:crrY ot� � L�v�� E �� n Mlt5t�'YptG'C2012 �'�1CL�lS31S91pp1 CltyOfDUbUque, loWB z�o��zo�x�sois Fa�ade GrantProgram, Financial Consultant Grant Program, and Planning and Design Grant Program, APPLICATION Applications for funding through the City of Dubuque's Fapade Grant Program, Financial Consultant Grant Program, and Planning& Design Grant Program will be accepted by the Economic Development Department,50 West 13th Street, Dubuque, lowa(563)589-4393. Applications will be received on a rolling basis and reviewed monthly by a Review Committee consisting of staff from the Ewnomic Development, Building Services,and Planning Departments with selected projects being submitted lo the City Manager for final review and approval. APPLICANT INFORMATION Address of Project: 1176 lowa St Building Owner; Westward Property Management LLC Karin Anderson and Cory Lambert Applicant: Karin Anderson Mailing Address: PO Box 1806 Dubuque IA 52004 Telephone: 563-599-5276 Email: karin@trucklinegroup.com Date of birth: 09/10/1973 Which assistance program(s) is this project seeking? � Fa�ade Grant Program � Financial Consultant Grant Program � Planning and Design Grant Program Has applicant discussed details of this project with the City of Dubuque Planning Department and been made aware of the City's design review guidelines at httn:Ncitvofdubupue.orct/1295/Desiqn-Guidelines ? Yes 0 No ❑ If yes, with whom? _ Jill Connors Construction schedule of project (commencement & completion): Page 1 of 6 A. Current Phvsical Condition of Buildinq: (If additional space is needed, p/ease attach descripfion as Attachment A.) The current physical condition of the property needs some rehabilitation. The structure is sound, but the facade is dated and worn. The previous owners signs hae been removed which makes the property appear vacant and neglected. The property was converted into one space more than 20 years ago, the historic look of the buildinq was lost at that time. B. Proposed Modification of Buildinq — written: (If additional space is needed, please attach description as Attachment B.1 The proposed modifcations are to remove the existing cement board and lengthen the front windows. We will also refurbush the original brick work and reestablish the original iron entry way. The intent is to return the facade to the way it appeared in the late 1800's and create a more historical and athestically pleasing store front. C. Proposed Modification of Buildinq — visual: Please attach a detailed drawing/rendering showing dimensions, architectural details, and labels, of the proposed finished project. Please attach as Atfachment C. D. Impact Statement: How will the project further the revitalization of downtown? (If additional space is needed, please attach as Atfachment D.1 This property sits in a prominent location in the city, including its strong visibility during Dubuque's Farmer's Market season. By revitalizing this property it will enhance the look of the neighborhood, improve the visual appeal of the neighboring businesses and provide a statement of the economic development present in downtown Dubuque. Number of current housing units on property: 0 Number of new housing units created from project: 0 Number of jobs currently in building: Unknown-this property will serve as a rental Number of jobs created after project completed: WII be a commercial rental-could create jobs Square footage of storefront space rehabbed: 1380/sf of the property Rent rate being offered in rehabbed storefront: S 9 . s o �SF for yrs. No lease in place at this time. Looking for a 5 year lease. Page 2 of 6 E. Buildinq Ownership: Please include proof of building ownership as Attachment E. You may use fhe fol/owing site as a resource: h ttps:/Ibeaconbe ta,schn eidercorp.c om/ F. Buildinq Ownershia— orQanization: If the owner is a for-profit or non-profit organization, is a Resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted? Yes 0 No ❑ N/A� Please attach as Attachment F. G. ApplicanYs Ownership Interests — other properties: Does applicant own or have ownership interest in other properties in Dubuque? Yes Ox No ❑ (If yes, please list addresses. If additional space is needed please attach as Attachment G.) 3151 Hillcrest Rd 1205 Glen Oak St Do the above properties comply with all applicable City of Dubuque ordinances and regulations, including but not limited to, housing, building, zoning, fire, health and vacant and abandoned building regulations? Yes � No ❑ H. Prouertv SiQnaae: Do existing signs on the property comply with City Zoning regulations and design guidelines? Yes ❑ No ❑ N/A� If the above answer is no• or the apnlicant is aroaosinv new sipns, please describe the design materials and colors that will be used on the sign face, how the sign will be displayed, and any lighting proposed. If additional space is needed p/ace aftach as Attachment H. New signage will be applied, it will be black signage of the appropriate size per City Zoning regulations. There will be no lights connected to the signage. Page 3 of 6 I. Leveraqed Sources: Will this project be utilizing Federal or State Historic Tax Credits? Yes ❑ No 0 If yes, with whom9 Please list other sources of funding and finarrcing for this project, and whether the sources are already secured. lf additiona/ space is needed p/ace attach as Attachment l. We have secured a loan from Premier Bank in Dubuque for the rehabilitation work on the building. J. Bids: Please attach bid(s) for fhe proposed work as Atfachment J. K. Certificate of Insurance: Please attach a certificate of insurance for fhe individual/company bidding the work, Attachment K. Page 4 of 6 Facade Grant* What are the estimated costs for fagade improvements? $35.210.00 How much assistance is the project requesting? sio:000.00 What is the construction schedule for fagade improvements? Completion estimated for July 2018 Will the project include repointing or tuck pointing? Yes X❑ No ❑ If yes, a mortar analysis sample may be required. The sample would be a reimbursable expenditure. *Unsure if this will be necessary as brick is not currently exposed Financial Consultant Grant* What are the estimated costs for financial consultant services? $Z0,000.00 How much assistance is the project requesting? $15,000.00 Planninq and Desian Grant* What are the estimated costs for planning and design? $14,800.00 How much assistance is the project requesting? $10,000.00 *Grant Funds will be disbursed upon completion of work, documentation of costs and an inspection of completed project at a rate of$.50 for each $1.00 of costs incurred, up to maximum amount of grant committed. Written requests for payment must be submitted to the Economic Development Department. "*Paid invoices and/or cancelled checks will be required to confirm expenditures. 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John Murphy Recorder � j FS1e2Qi8-0000�648 ' � I TRUSTEE WARRANTY DEED , Recorder's Cover Sheet Preparer Information: James E. Goodman, Jr., O'Connor&Thomas,P,C„ 2000 Main Street, Dubuque,IA 52001, Phone; (563) 557-8400 (kmp) Taxpayer Information; Westward Capital Management, LLC, Attn: Cory S, Lambert and Karin S. Anderson, 3008 Huntington Drive, Dubuque, IA 52001 Return Address Westward Capital Management, LLC, Attn: Cory S, Lambert and Kann S. Anderson, 3008 Huntington Drive, bubuque, IA 52001 Grantors: Carolyn S. Haupert, as Trustee of the Carolyn S. Haupert Trust Agreement dated July 28, 2006, as amended and/ox xesCated Grantees: � Westward Capital Management, LLC ' Legal DescripHon: See Page 2 Docnment ar instrument number of previously recorded documents: i i I i I i i � � � � t'l� � TRUSTEE WARRANTX DEED �' (Inter Vivos Trust) t k i �• For the consideration of Ten Dollars ($]0.00) and other valuabie consideration, Carolyn S. Haupert, Trustee of Carolyn S. Haupert Trust Agreement dated July 28, 2006, as amended � andlor restated, does hereby convey to Westward Capital Management, LLC, an Iowa limited � j liability company, the following described real estate in Dubuque County, Iowa: The northerly 41.3 feet of the north 1(Sth of Out Lot 458 in the City of Dubuque, Towa, according to the United States Commissioners' Plat of the Survey of the Town of Dubuque, Iowa; and the south 9.9 feet of the north one-fifth and the north ]0.1 feet of the north middle one-fifth of Out Lot 458, in the City of Dubuque, Iowa, according to the Un[ted States Commissioners'Plat of the Survey of the Town of Dubuque, Iowa, excepting that portion of south partition wall (one story in height) with ground thereunder conveyed by Wazranty Deed "an Book 91TL„ page 132,records of Dubuque County, Iowa; and the southerly 41,1 feet of the north middle 1/Sth of Out Lot 458 in the City of Dubuque, Iowa, accordir.g to the United States Commissioners' Map of the Survey of the Town of Dubuque, Iowa. The g�•antor hereby covenants with grantee, and successors in interest, that grantor holds the real estate by title in fee simple;that grantor has good and lawful authority to sell and convey � the real estate; that the real estate is free and clear of all liens and encumbrances, except as may , be above stated; and grantor covenants to warrank and defend the real estate against the lawful claims of all persons, except as may be above stated. The grantor fiuther warrants to the grantee all of the following; That the trust pursuani to = which the transfer is made is duly executed and in existence; that to the knowledge of the grantor � the person creating the trust was under no disability or infirmity at the time the trust was created; i that the transfer by the trustee to the grantees is effective and rightful; and that the trustee knows of no facts or legal claims which might impair the validity of the trust or the validity of the transfer. I i Words and phrases herein, including the acknowledgment hereof, sball be construed as in the singular or plural number, accoiding to the context. Dated: February ( L , 2018 � THE CAROLYN S. HAUPERT TRUST AGREEMENT DATED JULY 28, 2006, AS ¢ � AMENDED AND/OR RESTATBD � � � By: �r� Carolyn 5. Haupert As Trustee of tlie above-entitled trust STATE OF TOWA, COUNTY OF DUBUQUE This record was acknowledged before me on February /� , 2018, by Carolyn S. Haupert, as Trustee of the Carolyn S, Haupert Trust Agreement dated July 28, 2006, as amanded and/or restated. Signat re of otar Public �"' `. GHAD W.WA�ENER � .' z GommisslonNumb a 1 , ,o,,. MY Gnmm.Eam.�� . I i I � I �k�a�.Q,.��:�-: �=� WAIVER OF SPECIAL MEETING OF MEMBERS OF WESTWARD CAPITAL MANAGEMENT, LLC We, the undersigned, being the Members of Westward Capital Management, LLC, an lowa limited liability company, organized under the laws of the State of lowa, hereby waive all notice of the Special Meeting of the Members and consent and agree that such meeting shall be held at the offices of Westward Capital Management, LLC, in Dubuque, lowa, on the � day of , 20�, at l'(�o'clock .m. J----`__..-� v�-_.. '� Cory S. Lambert, Member _. � L� Karin S. Anders n, Member MINUTES OF SPECIAL MEETING OF WESTWARD CAPITAL MANAGEMENT, LLC The Special Meeting of the Members of Westward Capital Management, LLC, an lowa limited liability Company, organized under the laws of the State of lowa, was he�ld in Dubuque, lowa, at the offices of Westward CapiYal Management, LLC, on the � day of �� , 20�, at f!(7.7o'clock�.m., pursuant to Waiver of Notice signed by al Members. Cory S. Lambert and Karin S. Anderson, the Members of the Company, were personally present. Upon motion duly made, seconded and unanimously carried, Karin S. Anderson was chosen as Chairperson and Cory S. Lambert was chosen as Secretary of the meeting. RESOLVED THAT, Cory S. Lambert and Karin S. Anderson as Members of the Company authorizes the submission of an appl_ication for the City of Dubuque, lowa Fa�ade Grant Program for the property at�1176�1owa St. Dubuque. RESOLVED FURTHER, that Cory S. Lambert and Karin S. Anderson, as Members of the Company, are hereby authorized to perform all acts which may be necessary to carry out the intent of the above Resolutions. There being no further business brought before the meeting, upon motion duly made, seconded and unanimously carried, the me/eting.adjourned. C. --s'� Cory S. Lambert, Member ��._ Kari S. Anderson, Member Attachmet J: The attached project bid is for the combined total of the fa�ade for bot 1176 and 1170 lowa St. The total of$70,420.00 is the total cost for both properties.The cost of each individually is approximately $35,000.00 Gronen Restoration 1170 Iowa - Truckline Group Description Base Bid Qty Units Price Total 1 General Requirements 3 Concrete 4 Masonry 5 Metals 8 Doors & Windows 17 Construction Management 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS $2,150.00 $5,400.00 $18,150.00 $7,500.00 $25,000.00 $12,220.00 $2,150.00 $5,400.00 $18,150.00 $7,500.00 $25,000.00 $12,220.00 Subtotal $70,420.00 �tt��t � � ��-� m onle�wwmolrrn� A�a CERTIFICATE OF LIABILITY INSURANCE 2/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BENJEEN THE ISSUING INSURER�S�, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy�ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subjecl to the terms and conditions ot the policy, certain policfes may require an endorsement A statement on this certiFlcate does not confer rights to the certlflcate holder in Ileu of such endorsement(s). PROOUCER CONTACT NAME: Paul Donovan PHONE FAX Coflingham&BUtlef � �563-587-5000 roc No:563-583-7339 800 Main St. nDDRIE55: Dubuque IA 52001 INSURER S qFFOR0INGCOVERAGE NAICM � wsursean:ACUITY,A MuWal Insurance Com an 14184 INSUREO GROJOHI Gronen Restoraflon, Inc. iNsuaeaa: PO Box 1862 INSURERC: Dubuqve IA 52004-1862 INSURERO: _ INSUftER E: INSIIRER F: COVERAGES CERTIFICATE NUMBER:489265094 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLIGES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACi OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE� OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIQES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONS AND CON�ITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUIMS, INSR rypEOFINSURANCE ADDLSUBR pp�ICYNUMeER MMNOy� MMIo��P LIMRS LTR A X COMMERCIALGENERALLIA9ILITY L89828 PJ2]1201] B72]i2018 EqGH�CCURRENCE I$1,WO,G00 DAMAGE TO RENTED CLAIMSMAOE � OCCUR II PREMISES Ea occurtence ��$Za0AC0 ME�EXP(Anyonepersoe ,$10,CW �'�.. PERSONALBA�VINJl1RY ISI,OOO,WO GEN'LAGGREGATELIMITAPPLIESPER: ��. i GENERALAGGREGATE $3,0OO,�W PRO- � I PROOUCTS-COMP/OPAGG $3,0OO,OW FOLICV❑JECT �L� OTHER: � 5 A AUTOMOBILELIABILITY L89828 8/2]@01] � &2]i20�e EOMaBME�5INGLELIMIT $ ANVAUTO '�, BO�ILYINJUftY(Perpersanl �.$ OWNED X SCHE�ULE� '�. BODILVINJURY(Pe�accltlent)I.S AUTOS ONLV AUTOS X HIRE� x NON-0WNEO ' PftOPERTV�AMAGE I.S AUTOS ONLV AOTOS ONLY Per acdtlmt S A X UMBRELLALIAB X OCCIIR �828 . &2)/20t] I 8[2]@0�0 EqCHOCCl1RRENCE �85,000,000 EXCESSLIAB CLAIMSMADE AGGREGATE i55,000,00C DED X RETENTION �'�.S q WORNERSCOMPENSATION LB9828 &2]f201] 812]/2018 X STATUTE �ERH � ANDEMPLOYERS'LIABILITY ��N OPFCE�R/MEMBERPE%CW�ED ECUTI4E ❑ N�A ELEACHACQ�ENT 5500,000 (ManEatorylnNH) ' E.L.DISEASE-EAEMPLOYEE 5500,000 - Ifyes,tlescnbeunCx DESCRIPTION OF OPERATIONS below I EL.�ISEASE�PoLICY LIMIT $500.000 �ESLRIPTION OF OPERATIONS I LOCATONS I VENIClE9(ACOR0101,Atltlitlonal RemaAs SCM1eCuk,mry ba rtfachM H more space I5 requlretl) The certifcate holder is additional insured on lhe General Liability policy su6ject to all terms and conditions of the policy torms. CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCRIBEU POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLIC V PROVISIONS. Westward Property Management P.O. Box 1806 Dubuque IA 42004 AI�THORIZEO REPRESENTATIVE � ; V' � V�VI�+w""` OO 198&2015 ACORD CORPORATION. All rigMs reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DUbU lle Plaiuung Services Department THE CITY OF �� City H�ll-50 West13�^Street i�.LiiJ Dubuque,IA 5200111845 DUB E �'�"`��"'" (�bs)ss9-ano phone (�63)�89-4221 fax Masterpiece on the Mississippi (�6s)69a66�s r�� iW�•.�a im� n�� planningOci[yofdubuqne.org MEMORANDUM TO: Jill Connors, Economic Development Project Co dinator FROM: Wally Wernimont, Assistant PlannerC,�h'-c_O SUBJECT: Fa�ade Grant: 1176 lowa Street DATE: June 25, 2018 Introduction This memorandum forwards the requested design review for work funded with a Fa�ade � Grant for the property located at 1176 lowa Street. Backqround The project is located in the Greater powntown Urban Renewal District. The City of Dubuque Architectural Guidelines apply to this project. Discussion The scope of work depicted in the drawings prepared by 563 Design (see attached) and described in the submitted fa�ade grant application are recommended for approval as submitted with the following recommendations: 1) Approval is for 1176 lowa Street Building only z) Future signage for the building must comply with the recommendations outlined in the City of Dubuque Architectural Guidelines, Chapter 4 — Signs and the City of Dubuque Unified Development Code. Architecture Guidelines can be accessed at the following link: http://www.citvofdubuque.orq/ArchitecturalGuidelines Requirement The project, if done in accordance with the described scope of work and drawings will meet the applicable guidelines and standards and is recommended for approval in ' terms of design review. Any deviation from the approved scope of work must be reviewed and approved by the Economic Development and Planning Services Departments prior to initiation. It is the property owner's responsibility to read and understand the terms of approval as well as ensure compliance with the project requirements. It is the property owner's responsibility to obtain the necessary building permits prior to starting work. It is the property owner's responsibility to ensure all contractors understand and properly execute all expectation of the project. Failure to comply with the approved scope of work will result in forfeiture of all funding. r_ CONFIRM IF STONE BAND IS INSTALLED, OR STEEL MEMBER, ETC. EVALUATE EXISTING BRICK CORNICE AND REBUILD AS NECESSARY EVALUATE EXISTING BRICK. REPOINT AS NEEDED BUILDING SIGNAGE, NEED TO CONFIRM SIZE NEW COPING REMOVE PAINT AND RESTORE EXISTING MOSAIC TILE SIGNAGE 1 EVALUATE EXISTING CONDITIONS AND REBUILD HISTORIC STOREFRONT LAYOUT IF ENOUGH OF THE EXISTING REMAINS AND ITS COST AFFECTIVE °DE51GN TRUCKLINE INSURANCE GROUP PROPOSED EXTERIOR ELEVATION STUDY 1170 IOWA STREET DUBUQUE, IA NEW ALUMINUM STOREFRONT SYSTEM WITH CLEAR GLASS NEW WHITE GLAZED BRICK AT BASE AND COLUMNS POSSIBLY EXPOSE EXISTING BRICK vi '3nbnena �� 53�� 1332115 VMOI OLZ� `i`�,� -�' Nt/ld ?JOOIj 43SOd02Jd df1021�3�NV21f1SNl 3NIl�IJfl211 � _ � � � ✓�� --------------� � � - -, � � �� I �' ii i i i '�! �� i � �� I � ..� �_ � �� —� � �� I �� '� � �� _,i �_� Y � � ,--, � y I / I\ � � Q � � "'I � m� � � I 11 ' � � _�.m�. � I�� _� L � o �� -, o � �0� -� � ' 'I � �_-�_'�_._L_L.� p _� � � _ � � ' ' ' �'. � � --- � � � �� _� J i � �. �__ � F � �� Q d k______________; __ � ------------ ,,,, �.., '�;��3 ,,, �., � .,,..,,� _. � .�.,.,.� �,�.�,,.,.� THE CITY OF DUB E All -America City 11111, Masterpiece on the Mississippi 2007.2012.2013 Dubuque July 20, 2018 Lakeside Investments, LLC Attn: Colleen Lindecker 10282 Hawgback Lane Dubuque, IA 52003 Dear Colleen, City Manager's Office City Hall 50 West 13th Street Dubuque, IA 52001-4805 Office (563) 589-4110 Fax (563) 589-4149 TTY (563) 690-6678 ctymgrr cityofdubuque.org www.cityofdubuque.org The City Council had approved a grant award of up to $20,000 for your project at 1902 Central Avenue via Resolution 210-18 dated July 16, 2018. Staff have advised that this project will now not move forward as set forth in the grant application. I am writing to rescind the offer of grant funding from our Economic Development downtown rehabilitation programs. I appreciate your willingness to invest in downtown Dubuque and look forward to perhaps providing assistance on any future projects you may bring to the City for review. Sincerely, Michael C. Van Milligen City Manager MCVM:jmc Service People Integrity Responsibility Innovation Teamwork Economic Development Department th 50 West 13 Street Dubuque, Iowa 52001-4864 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Rescind Offer of Downtown Rehabilitation Grant for 1902 Central Ave. DATE: July 20, 2018 INTRODUCTION This memorandum requests your signature on the attached letter rescinding an award of Downtown Rehabilitation Grants to a project proposed at 1902 Central Avenue. BACKGROUND Lakeside Investments submitted an application on May 7, 2018 for a housing creation grant to create 2 residential units at 1902 Central Avenue. At the time, they had a purchase agreement on the building. DISCUSSION On June 27, 2018, staff sent a recommendation to the City Manager to approve this funding request, and City Council voted in favor of Resolution 210-18 on Monday July 16, 2018, approving funding for this and several other downtown rehabilitation projects. On Wednesday July 18, 2018, the developer emailed staff to let us know that they have made the final decision not to purchase the building. Several major issues which significantly alter the value of the building had not been disclosed by the seller at the time of the purchase agreement. According to the email, the seller is not willing to correct those issues in a way that would allow the project to move forward financially. The developer has cancelled the purchase contract and is withdrawing their request for City funding. RECOMMENDATION/ ACTION STEP I respectfully request your signature on the attached letter rescinding the City’s offer of funding to this project. GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND LAKESIDE INVESTMENTS, LLC THIS G T AGREEMENT (t "Agreement"), dated for reference purposes the day of , 20by and between the CITY OF DUBUQUE, IOWA, a municipalit establ; ed pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and Lakeside Investments, LLC ("Grant Recipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 1902 Central Avenue, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program; and WHEREAS, Grant Recipient's renovation and rehabilitation of the Development Property is referred to herein as the "Project"; and WHEREAS, Grant Recipient previously applied for a Housing Creation Grant for the Project from City under the Program in amounts collectively up to Twenty Thousand Dollars ($20,000) (the "Grant"), the terms of which are set forth in this Agreement; 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 state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 071218ba1 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: The creation of two (2) rental residential units (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by June 1, 2019. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) During completion of construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (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. (2) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any porton thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property 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, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient 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). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Operation of Development Property; Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Property Taxes. Until the Termination Date, Grant Recipient 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 Development Property. 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION GRANT PROGRAM. 3.1. Downtown Housing Grant. For and in consideration of Grant Recipient's completion of the Project, City agrees, subject to the terms and conditions set forth herein, 3 to make the Grant described in Section 3.2, subject to the terms and conditions of the grant, as stated herein. The Grant is made under subprograms of the Program. 3.2. Housing Grant. City agrees to provide Grant Recipient the Grant not to exceed Twenty Thousand Dollars ($20,000). The Grant shall be disbursed in Ten Thousand Dollar ($10,000) installments following: (i) Grant Recipient's submission of documentation of its eligible expenses, and City's review and verification of such expenses, (ii) Grant Recipient's completion of the Minimum Improvements, as required by Sections 1.2 and 1.3, and (iii) Grant Recipient's receipt of the certificate(s) of occupancy for the units comprising the Minimum Improvements. 3.3. Payment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Section 3.3, (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete, per the terms of Section 1.2; and (3) The Grant funds shall be disbursed directly to Grant Recipient. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default 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 Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient 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, including suspension of the payment of any installment of the Grant to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or 4 (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy 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 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. 4.4. 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. SECTION 5. MISCELLANEOUS. 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently. given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of Grant Recipient, is addressed or delivered personally to Lakeside Investments, LLC, 10282 Hawgback Lane, Dubuque, IA 52003; Attn: Colleen Lindecker; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by the parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient hereby agrees to defend, indemnify, and hold harmless City against any claims made by Grant Recipient, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBUQUE, IOWA By: LAKESIDE INVESTMENTS, LLC Roy D. Bu Mayor Colleen Lindecker ATTEST: Kevin�S. Firnstahl, City Clerk 7 Dubuque L;conomic Devclopmcnt Uepnrtmen THE CITY OF � So West 13'"Street w.�np ph Dubuq ue_lowa 52001-4864 1�� Otilce(�63)�89-4393 J TTY�563)690-6678 http://www.c i tyofd ubuq ue.urg 2007�2012 A�asterpiece on the Mississippi zo,3•Zo„ City of Dubuque, lowa Downtown Housing Incentive APPLICATION Applications for funding through the City of Dubuque's Downrown Housing Incentive will be accepted by ihe Economic Development Department, 50 West 13th Street, Dubuque, lowa (563)589-4393. Applications will be reviewed by the Department on a case by case basis with qualifying projects being submitted to Ihe City Council for f nal review and approval. Depending on the application and scope��f the project, all attachments may not be required. Address of Project: 1902 Central Avenue Dubuque IA 52001 Name of Project (if different from address): CONTACT INFORMATION Name: Colleen Lindecker Address: 10282 Hawgback Lane, Dubuque IA 52003 Company: Lakeside Investments, LLC Telepho ne: 563-451-5310 Fax: NA E-mail: clindeckerCa�outlook.com Date of birth: Lakeside established 2013 Is proof of building ownership attached? Yes ❑ No � P/ease include as Attachment A. Purchs�se of buildinq currentiv under c:;ontract. A coov of the urchase apreement is If no, reason for not providing proof of building ownership? attache:d. Page 1 of 7 DOWNTOWN HOUSING ASSISTANCE APPLICEi,TION If the owner is a for-profit or non-profit organization, is a Resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted? Please affach as At�!achment 8. Yes I� No ❑ N/A❑ Number of housing units created that are greater than 650 Square Feet (In general, two (2) through seventy-five (75) units are eligible. Rehabilitated housing units that have been vacant for over three years are considered new units.): 0 Number of improved housing units. 2 Amount of assistance needed (no more than $10,000 per unit is eligible): g 20,000 Are there additional benefits to the city greater than the creation af new housing? (If additional space is needed, please include as Attachment C.) See Attachment C Project Description: (If additional space is needed, please attach description as Attach;menf D. Renovate the two vacant units in the upstairs of 1902 Central Avenue, iricluding new flooring, heat(electric or FA gas), and other improvements to make the apartmer�ts attrective and habitable. Units are above a commercial unit on the main level. Estimated Start Date: 7/1/18 Estimated 25% Completion Date: 911118 Estimated Completion Date: 12131119 Page 2 of 7 DOWNTOWN HOUSING ASSISTANCE APPLICEi�TION In what subarea of the Greater powntown Urban Renewal District is the proposed project located? Please see the map on the back of the application for details. (Projecfs in the Washington Neighborhood must be located above a commercial component on fhe first f/oor of the building, unless the project is rehabilitating or reusinyi a former church or SChool.) Washinaton Neiqhborhood Is the project rehabilitation of an existing structure? Y�s � No ❑ Will this project be utilizing Federal or State Historic Tax Credits? Y�s ❑ No � Has applicant discussed details of this project with the City of Dubuque Planning Department and has been made aware ot Y;s � No ❑ the City's design review guidelines at http:l/citvofdu buq ue.orq/12951Desiqn-Gu ideli nes? If yes, with whom? We are familiar with the guidelines and have discussed ;�imilar proiects with individuals in various citv offices Does applicant own or have ownership interest in other properties in Dubuque? Y��s � No ❑ (If yes, please list addresses. If additional space is needed p/ease attach as Attachment E.) See Attachment E Page 3 of 7 DOWNTOWN HOUSING ASSISTANCE APPLICE�,TION Do the above properties comply with all applicable City of Dul:iuque ordinances and regulations, including but not limited to, housing, building, zoning, fire, health and vacant and abandoned building regulations. Yes � No ❑ Do existing signs on the project property comply with City Zoning regulations and design guidelines? Yes � Nc: ❑ N/A ❑ !f fhe above answer is nq or the applicant is proposing new sigrrs, p/ease describe fhe design materials and colors that will be used on the sign face, how the sign will be disp/ayed, and any lighting proposed. If additional space is n��eded place atfach as Aftachment F. NA Are detailed drawings showing dimensions, architectural details, and labels, attached to the application? Please attach Y�:�s ❑ No � as Attachmenf G. Is a 10 year pro forma attached (as Attachment Hl? Yr�s � No ❑ Will residential units have any income restrictions? Yf:�s ❑ No � How many residential units will have income restrictions? (No more than 65% of fhe rental units can have a restriction of 80% median income.) p What is the percentage of the average median income on the income restricted apartment? (No residential units will be allowed to have a restriction of less than 80% median income.) N6� Is a Floor plan for all units attached (as Attachmenf D? Yes ❑ No � Does the pro forma show a developer's fee? Ye:S ❑ No � If yes, over what period of time will this fee be paid? Page 4 of 7 DOWNTOWN HOUSING ASSISTANCE APPLIC��,TION Does the project have bank financing? Y�:�s � No ❑ If yes, what financial institution? Fidelity Bank Aftach Letfer of Commifinent from financial institution. ;� � ��__ i" A.n��O,��., S � 7�/8 �- Signature Date A fully completed application with attachments and exhibits must tie submitted in the office of the City of Dubuque's Economic Development Departmenti, 50 W. 13th Street, Dubuque, lowa 52001. Page 5 of 7 DOWNTOWN HOUSING ASSISTANCE APPLICEi,TION Certification I, Lakeside Investments, LLC certify that I own or have some owne�rship in the following list of properties in the City of Dubuque: Add�ess2S (Please state "None"if Owner does not own other properties in DubuqueJ �32 Rhomberg Avenue. Dubuque. IA 52001 625 Rl�omberg Avenue, Dubuque, IA 52001 100� Locust St.. Dubuque. IA 52001 41�-419 Loras Blvd., Dubuque. lA 52001 1814 White St.. Dubuque, [A �2001 2062 White St.. Dubuque, IA 52001 2123 Central Avenue, Dubuque, IA 52001 2095 Central Avenue, Dubuque. IA 52001 2097 Central Avenue, Dubuque, IA 52001 1902 Central Avenue, Dubuque, IA 52001 (under contract/pending) As the Owner of 1902 Central Avenue DubuQue IA 52001, (Address of Project) I certify that all property in the City of Dubuque which I own or in which I have any interest, other than the Project, complies with all applicable City of Dubuque ordinances and regulations, including, but not limited to, housing, I:�uilding, zoning, fire, health, and vacant and abandoned building regulations. I further depose that the signature below is my own proper signature. \ Date: � � 7 �/� �!L ��o� �7"�t; �%i.�t�. 0 Signature Subscribed and sworn to before me on This/"-�day of � � 20 jf : � r-�l- ->,% ` cr,-,t_ti�y Public) '� ,�, _�-Cr� � �v Countv My commissi "expires on /lJ-,�i,�o/��. �u��•i+�:r,uNr,e ;��; Commissian Num6er 176�0 A1 Comm. Ez . Page 6 of 7 Instructions: Project Name: # Units: REINVESTMENT FUND 1902 Central Ave., Dubuque, IA 52001 SAMPLE OPERATING PROFORMA MULTIFAMILY HOUSING 4 Rent Increase 2.00% Expense Increase: 3.00% Income Rents Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 29,000 29,580 30,172 30,775 31,391 32,018 32,659 33,312 33,978 34,658 35,351 36,058 36,779 37,515 38,265 Gross Income Less Vacancy (5%) Effective Gross Income 29,000 29,580 30,172 30,775 31,391 32,018 32,659 33,312 33,978 34,658 35,351 36,058 36,779 37,515 38,265 1,450 1,479 1,509 1,539 1,570 1,601 1,633 1,666 1,699 1,733 1,768 1,803 1,839 1,876 1,913 27,550 28,101 28,663 29,236 29,821 30,417 31,026 31,646 32,279 32,925 33,583 34,255 34,940 35,639 36,352 Expenses Operations & Maintenance Tax& Insurance Expenses Real Estate Taxes Emergency Reserve 5% Other 1,500 1,545 1,591 1,639 1,688 1,739 1,791 1,845 1,900 1,957 2,016 2,076 2,139 2,203 2,269 1,200 1,236 1,273 1,311 1,351 1,391 1,433 1,476 1,520 1,566 1,613 1,661 1,711 1,762 1,815 4,100 4,223 4,350 4,480 4,615 4,753 4,896 5,042 5,194 5,350 5,510 5,675 5,846 6,021 6,202 1,539 1,585 1,633 1,682 1,732 1,784 1,838 1,893 1,950 2,008 2,068 2,130 2,194 2,260 2,328 - - - - - - - - - - - - - - - Other - - - - - - - - - - - - - - Total Expenses - 8,339 8,589 8,847 9,112 9,386 9,667 9,957 10,256 10,564 10,881 11,207 11,543 11,889 12,246 12,613 Net Operating Income 19,211 19,512 19,816 20,124 20,435 20,750 21,069 21,390 21,716 22,044 22,376 22,712 23,051 23,393 23,738 GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND BRIAN LAMMERS HIS GRANT GREEMENT t "Agreement"), dated for reference purposes the day of 111/ , 20 , by and between the CITY OF DUBUQUE, IOWA, a municipalit estab shed pursuant to the Code of Iowa ("City") and acting under the authorization of Chapter 403 of the Code of Iowa (the "Urban Renewal Act") and Brian Lammers ("Grant Recipient"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater Downtown Urban Renewal District (the "District"), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District locally known as 84 Main Street, Dubuque, Iowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant Recipient's application to the Program; and WHEREAS, Grant Recipient's renovation and rehabilitation of the Development Property is referred to herein as the "Project"; and WHEREAS, Grant Recipient previously applied for a Facade Grant for the Project from City under the Program in amounts collectively up to Ten Thousand Dollars ($10,000) (the "Grant"), the terms of which are set forth in this Agreement; 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 state and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 071218ba1 1.1. Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: Facade improvements including rehabilitation of doors and windows (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant Recipient's application to the Program, and the Design Letter attached hereto. 1.2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by September 30, 2018. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant Recipient's application to that Program and the Design Letter attached hereto. 1.3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1.2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in recordable form and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement 1.4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1.5. Insurance. (1) During completion of construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (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. 2 (2) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property 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, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient 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). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1. Operation of Development Property; Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Property Taxes. Until the Termination Date, Grant Recipient 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 Development Property. 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under Iowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non -Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. DOWNTOWN REHABILITATION GRANT PROGRAM. 3.1. Downtown Rehabilitation Grant. 3 (1) For and in consideration of Grant Recipient's completion of the Project, City agrees, subject to the terms and conditions set forth herein, to make the Grant described in Section 3.2, as stated herein. The Grant is a grant made under subprograms of the Program. (2) The final amount of the Facade Grant shall be determined following City's review of documentation submitted by Grant Recipient showing the eligible expenses (as applicable to the particular grant) and shall each be in an amount equal to $0.50 for each $1.00 of eligible expenses incurred by Grant Recipient within the scope of the Project's approved application, up to the maximum amounts stated below. 3.2. Facade Grant. City agrees to provide Grant Recipient a grant not to exceed Ten Thousand Dollars ($10,000) for documented costs that improve the overall appearance of the Development Property, provided the Project as completed meets the criteria of the Facade Grant Program. 3.3. Payment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Sections 3.2, (i) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have determined that the Project is substantially complete, per the terms of Section 1.2; and (3) The Grant funds shall be disbursed directly to Grant Recipient. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1. Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default by Grant Recipient. Whenever any Event of Default 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 Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient 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, including suspension of the payment of any installment of the Grant to Grant Recipient, until 4 it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedy 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 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. 4.4. 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. SECTION 5. MISCELLANEOUS. 5.1. Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no 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, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) In the case of Grant Recipient, is addressed or delivered personally to Brian Lammers, 12998 English Mill Road, Dubuque, IA 52003; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001; Attn: City Manager and City Attorney. 5 or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governing. Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by the parties hereto. 5.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 5.11. Indemnification. Grant Recipient hereby agrees to defend, indemnify, and hold harmless City against any claims made by Grant Recipient, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 5.12. No Assignment; Non -Transferability. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the 6 obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUB QUE, IOWA BRIAN LAMMERS By: Roy D 1 ol, Mayor ATTEST: KevvS. Firnstahl, City Clerk 7 l.��b�q�e Tx�+��-r�r c�� A9•�nencae�y �5 � , { � � i ` ;m .t�+�l��'�'Y�?��G' 7]� �'�t��1�S1�Sd�i"�:l'Y znn7•�orz-�csr� City of Dubuque, lowa Fa�ade Grant Program, Financial Consultant Grant Program, and Planning and Design Grant Program, APPLICATION Applications for funding through the City of Dubuque's Fa�ade Grant Program, Financial Consultant Grant Program, and Planning &Design Grant Program will be accepted by the Economic Development Department, 50 West 13th Street, Dubuque, lowa(563)589-4393. Applications will be received on a rolling basis and reviewed monthly by a Review Committee consisting of staff from the Economic De�elopment, Building Services, and Planning Departments with selected projects being submitted to the City Manager for final review and approval. APPLICANT INFORMATIORI ` � � Address of Project: � a� a � . �----� � Building Owner: � \ Applicant: � � _ Mailing Address: �� Telephone: � � - _ �� '�j .� Z_ � � � Email: + � Cs � ' � , �G3 C`� �°� C�'J�C�'� Date of birth: � -• ��j - ��--� '. Which assistance program(s) is this project seeking? � Fa�ade Grant Program ❑ Financial Consultant Grant Program ❑ Planning and Design Grant Program Has applicant discussed details of this project with the City of Dubuque Planning Department and been made aware of the City's design review guidelines at http://citvofclubuaue.orq/1295/Desiqn-Guiclelines ? � Yes� No ❑ If yes, with whom? _ Construction schedule of project(commencement& completion): � � � v r � i i � � Page 1 of 6 � 1 i I A. Current Phvsical Condition of Buildinq• (lf addifional space is needed,please attach description as Attachment A.) � -�, �-' � � B. Proposed Modification of Buildinq —written• (lf additional space is needed, p/ease attach descriptfon a Attachment B.) � � � � ` a .�� C. Proposed Modification of Buildinq —visual• Please attach a detailed drawing/rendering showing dimensions, architectural details, and labels, of the proposed finished project. P/ease attach as Attachment C. D. Impact Statement: How will the project further the revitalization of downtown? (lf additional space is ne ded, p/ease attach as Attachrrtent D,) 1 1 --�" ' 5z SL C) _Q Q . } c.�C�Y� J � � �,� � i > � ��, � � J � �J � �� 1 , .:� � � C'> J C�.,� G Number of current housing units on property: (� Number of new housing units created from project: ��--- Number of jobs currently in buildin : ! � Number of jobs created after project completed: � - �— �� Square footage of storefront space rehabbed: �,�.�L�L�.. ; Rent rate being offered in rehabbed storefront: ISF for yrs. I i i I Page 2 of 6 I I I E. Buildinq Owrnership: Please include proof of building ownership as Attachment E. You may use the following site as a resource: https://beaconbefa.scianeidercorp.cam/ F. Buildinq Ownership — orqanization: If the owner is a for-profit or non-profit organization, is a Resolution adopted by the Board of Directors which authorizes both the project and the application attached with the Minutes of the Meeting when it was adopted? Yes ❑ No ❑ N/A❑ Please attach as Attachment F. G. Applicant's Ownership Interests — other properties• Does applicant own or have owrrership interest in other properties in Dubuque? Yes� No ❑ (lf yes, please list addresses. lf additional space is needed please attach as Attachment G.) � Q � Do the above properties comply with all applicable City of Dubuque ordinances and regulations, including but not limited to, housing, building, zoning, fire, health and vacant and abandoned building regulations? YeS�' No � � �� H. Propertv Siqnaqe: Do existing signs on the property comply with City Zoning regulations and design guidelines? Yes ❑ No ❑ N/A�� , !f the above answer is no, or the applicant is pro,nosinq new sipns, p/ease describe the design materials and co/ors that will be used on the sign face, how the sign will be displayed, and any lighting proposed. lf additional space is needed place attach as Attachment H. I � i i � I Page 3 of 6 I. Leveraqed Sources: Will thi project be utilizing Federal or State Historic Tax Credits? Yes� No ❑ Af yes, with whom? P/ease list other sources of funding and financing for this project, and whether the sources are already secured. If additional space is needed p/ace attach as Attachment l. TU � � � � . . �', �, 1 r , .1. Bids: Please attach bid(s) for the proposed work as Attachment J. K. Certificate of Insurance: P/ease attach a certificate of cnsurance for fhe individual/company bidding the work, Attachment K. � i I Page 4 of 6 Fa�ade Grant* What are the estimated costs for fa�ade improvements? � �J _�� ` How much assistance is the project requesting? � � � -- � � �n What is the construction schedule for fa�ade improvements? � �S u�, 2� �.. _ Will the project include repointing or tuck pointing? Yes� No ❑ If yes, a mortar analysis sample may be required. The sample would be a reimbursable expenditure. Financial Consultant Grant* What are the estimated costs for financial consultant services? How much assistance is the project requesting? Planninq and Desiqn Grant* What are the estimated costs for planning and design? How much assistance is the project requesting? *Grant Funds will be disbursed upon completion of work, documentation of costs and an ' inspection of completed project at a rate of$.50 for each $1.00 of costs incurred, up to maximum amount of grant committed. Written requests for payment must be submitted ' to the Economic Development Department. **Paid invoices and/or cancelled checks will be required to confirm expenditures. ; i � I � � i Page 5 of 6 I List of Exhibits Exhibit A Current Physical Condition (if additional room needed) Exhibit B Proposed Modification of Building (if additional room needed) Exhibit C Detailed DrawinglRendering Exhibit D Impact Statement(if additional room needed) Exhibit E Proof of Building Ownership Exhibit F Resolution (if applicable) Exhibit G List of Applicant's Other Properties (if applicable) Exhibit H Sign Compliance (if applicable) Exhibit I Leveraged Sources of Funds Exhibit J Bids Exhibit K Certificate of Insurance ; i � l � � Page 6 of 6 I I 5/21/2018 Beacon-Dubuque County,IA TM -,,,, ��c'�,GC>1"1 Dubuque County, IA Summary ParcellD 1025290002 � Altemate ID CONSERVATION DISTRICT , _ �� Property 84 MAIN ST � : � _.; Address DUBUQUEIA52001 Sec/Twp/Rng N/A Brief 51/2 CITY LOT 532&N 25'CITY LOT 532A;LOT 2A&N 24'LOT 3 OF W 1/2 BLK 1 Tax Description DUBUQUE HARBOR CO ADD (Note:Not to be used on legal documents) Deed 2017-9618�8/3/2017) BooWPage � — Contract i � BooWPage Gross Acres 0.00 NetAcres 0.00 Class C-COMMERCIAL '` (Note:This is for tax purposes only.Not to be used for zoningJ „ District DUBA-DUBUQUE CITY/DBQ COMM SCH � � _ �: SchoolDistrict DUBUQUECOMM.SCHOOLDIST .\�-=, _ �h . . _ ti_ Owners Deed Holder Contract Holder MailingAddress 84 Main LLC 84 Main LLC 12998 English Mill Rd 12998 English Mill Rd Dubuque IA 52003-9464 Dubuque IA 52003-9464 Land Lot Area 0.13 Acres;5,481 SF Commercial Buildings Buildingl: Store-RetailSmall,SolidBrick-8",3Story,Built-1900,1764SF,Bsmt-864SF, HVAC-Electric/Central AC,Roof-Rubber Membrane/Wood,Condition-Below Normal Additionl: Store-RetailSmall,C'BlkorTile-8",1Story,Built-1964,780SF,Bsmt-OSF HVAC-Combination FHA-AC,Roof-Rubber Membrane/Wood Plumbing: 2-Toilet Room Adjustments: Open Unfin.Uppers,3528 SF Yard Extras #1-(1)Paving-Concrete 560 SF,Concrete Parl<ing,Average Pricing,Built 1964 #2-(1)Paving-Asphalt 680 SF,Asphalt Parking,Average Pricing,Built 1970 Sales Multi Date Seller Buyer Recording SaleCondition-NUTC Type Parcel qmount 8/1/2017 S&S SPARKLE LLC 84 MAIN,LLC 17-9618 Normal Deed $240,000.00 9/3/2014 CONRAD,JASON S&SSPARKLE 14-9795 SalebetweenTenantandLandlord(includingsale/lease-back Contract $230,000.00 � M LLC transactions) I 2/16/2006 D06/2716 NormalArms-LengthTransaction Deed $D1,656.00 11/15/1999 D- Unuseable Sale-Other Deed $0.00 99/17590 2/1/1999 D-99/9151 Normal Arms-Length Transaction Deed $72,116.00 +There are other parcels involved in one or more of the above sales Includes sales on or after 1/1/2003 Valuation _ 2018 2017 2016 i 2015 ' Classification Commercial Commercial Commercial Commercial I + Assessed Land Value $73,662 $73,662 $73,662 $73,662 ' + AssessedBuildingValue $94,819 $73,562 $73,562 $73,562 i + Assessed Dwelling Value $p �p �� I. = GrossAssessed Value $168,481 �� $147,224 $147,224 $147,224 - ExemptValue $p �� $D = Net Assessed Value $168,481 �� I $147,224 $147,224 $147,224 Taxation i 2016 2015 I Pay 2017-2018 Pay 2016-2017 https://beacon.schneidercorp.com/Application.aspx?Appl D=93&Layerl D=929&PageTypel D=4&Pagel D=593&Q=1604034309&KeyValue=1025290002 5/21/2018 Beacon-Dubuque County, IA 2016 2015 Pay2017-2018 Pay2016-2017 + Taxable Land Value $66,296 $66,296 + TaxableBuildingValue $66,206 + TaxableDwellingValue $66,206 - GrossTaxableValue $� $0 - . $132,502 $132,502 - MilitaryCredit - NetTaxableValue _ $� $0 _ - $132,502 $132,502 x LevyRate(per$1000ofvalue) 33.91801 34.01012 = Gross Taxes Due , - Ag Land Credit $4,494.20 $4,506.41 - FamilyFarmCredit $0.00 $0.00 - Homestead Credit $0.00 $0.00 _ $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 BusinessPropertyCredit _ $0.00 - NetTaxesDue . �$1,650.91) ($1,721.15) $2,844.00 $2,786.00 Tax History Year Due Date Amount Paid Date Paid ' Recei 2016 March2018 . $1,422 Yes _ . _ pt 3/9/2018 September2017 $1,422 Yes 446295 . 9/21/2017 2015 March 2017 $1,393 4/24/2017 September2016 $1,393 yeS 349512 _ 10/3/2016 2014 March 2016 6/9/2016 September2015 $1,210 Yes 12/11/2015 300121 PIlOt05 �� su _ _: , - � I - _ .�� Show Deed/Contract ' Show Deed/Contract I Sketches � � I I I i i https://beacon.schneidercorp.corn/Application.aspx?Appl D=93&Layerl D=929&PageTypel D=4&Pagel D=593&Q=1604034309&KeyValue=1025290002 I 5/21/2018 Beacon-Dubuque County,IA �,.__._..,. _.....___ �__..�._ _._.�._._n_�.= .�_._�_.___.�_ _. .__...._��._..n.... __..�_,�._ ._._.._.___ i � f I ; £ i � � � ; � 30 Ai-1S C'BLK ! [784] j ( � i i � I �� E : ( ! � �p ! E 61-38 B BRK � 3� [1784] I E t �} f t F � � � � t �g � � SS:etcia byr��a+.r«ntaw:is��.txarn j d_�.__��_._a___. _ _.�—t.�_��.._.�.�—_..___.T s.r.___ __�:_..�_. _._�-_-��.r__�_��r.�..« __��__��._�_. ..._ ) No data available for the following modules:Residential Dwellings,Agricultural Bui Idings,County Treasurer Notes,Tax Sale Certificates. The information in thisweb site represents current data from a workingfile which is updated regularly.Information is believed reliable,but �� its accuracy cannot be guaranteed.No warranty,expressed or implied,is provided for the data herein or its use. Schneider Last Data Upload:5/18/2018,5:45:52 PM Developed by The Schneider Corporation I, ; i i i I https://beacon.schneidercorp.com/Application.aspx?AppID=93&LayerID=929&PageTypelD=4&PageID=593&Q=1604034309&KeyValue=1025290002 � � DUbU Ue Platuting Services Deparhnent THE CTTY OF � City Hall-50 West 13�h Sh�eet D l� � E AII•AmericaCity Dubuque,IA 52001-4845 (563)589-4210 phone � (�63)589-4221 fax MCiStCY�J12CC DYC f�1C L�/11SS2SS1�Ipt (563)690-6678 TDD :�,�•�,•._m�.z�� plannin �g lcityofdubuque.org MEMORANDUM TO: Jill Connors, Economic Development Project Co rdinator FROM: Wally Wernimont, Assistant Planner ' SUBJECT: Fa�ade Grant: 84 Main Street DATE: May 31, 2018 Introduction This memorandum forwards the requested design review for work funded with a Fa�ade Grant for the property located at 84 Main Street. Backqround The project is located in the Greater powntown Urban Renewal District. The City of Dubuque Architectural Guidelines apply to this project. Discussion The scope of work depicted and described in the drawings prepared by Straka Johnson Architects, P.C. dated April 12, 2018 are recommended for approval as submitted with the following recommendations: Future signage for the building must comply with the recommendations outlined in the City of Dubuque Architectural Guidelines, Chapter 4 — Signs and the City of Dubuque Unified Development Code. Architecture Guidelines can be accessed at the following link: http://www.citvofdubuque.orq/ArchitecturalGuidelines Requirement The project, if done in accordance with the described scope of work and drawings will meet the applicable guidelines and standards and is recommended for approval in terms of design review. Any deviation from the approved scope of work must be reviewed and approved by the Economic Development and Planning Services Departments prior to initiation. It is the property owner's responsibility to read and understand the terms of approval as well as ensure compliance with the project requirements. It is the property owner's responsibility to obtain the necessary building permits prior to starting work. It is the property owner's responsibility to ensure all contractors understand and properly execute all expectation of the project. 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