Dimensional Brewery Company Development Agreement_Easy Steve_Hearing Copyrighted
August 6, 2018
City of Dubuque Public Hearings # 1.
ITEM TITLE: Dimensional Brewery Company DevelopmentAgreement
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a Development Agreement with Easy Steve,
LLC d/b/a Dimensional Brewing Companyfor
redevelopment of 67 Main Street, including the proposed
issuance of Urban Renewal Tax Increment Revenue
Obligations, and the City Manager recommending approval.
RESOLUTION Approving a Development Agreement by
and between the City of Dubuque, lowa and Easy Steve,
L.L.C. DBA Dimensional Brewing Company providing for
the issuance of Urban Renewal Tax Increment Revenue
Obligations for the redevelopment of 67 Main Street
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Dimensional Brewing DevelopmentAgreement-NNM City Manager Memo
Memo
Staff Memo Staff Memo
DevelopmentAgreement Supporting Documentation
Resolution of Approval Resolutions
Proof of Publication Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approving a Development Agreement between the City of Dubuque and
Easy Steve, L.L.C. d/b/a Dimensional Brewing Company to Redevelop
Property at 67 Main Street including the Proposed Issuance of Urban
Renewal Tax Increment Revenue Obligations
DATE: July 31 , 2018
Economic Development Director Maurice Jones recommends City Council approval of a
Development Agreement between the City of Dubuque and Easy Steve, L.L.C. d/b/a
Dimensional Brewing Company to redevelop 67 Main Street, to include space for a craft
brewery, taproom and kitchen, at a cost of approximately $650,000.
The Development Agreement provides for incentives to support the redevelopment of
the property with three years of Tax Increment Finance (TIF) rebates of property tax
increases above a 2018 base value. Rebates are estimated to be $22,000.00.
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
Dubuque Economic Development Department
THE CITY OF .� 5o West 13�^Street
AIFMersality Dubuque,lowa 52001-4864
D� L E � � ��� � � Office(563)589-4393
TTY(563)690-6678
http://www.cityofd u buq ue.org
2007•2012
Masterpiece on the Mississippi �,3.Zo„
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Approving A Development Agreement between the City of Dubuque
and Easy Steve, L.L.C. dba Dimensional Brewing Company to
Redevelop Property at 67 Main Street Including the Proposed
Issuance of Urban Renewal Tax Increment Revenue Obligations
DATE: July 31 , 2018
INTRODUCTION
This memorandum presents for City Council consideration and action the attached
resolution approving a Development Agreement between the City of Dubuque and Easy
Steve, L.L.C. dba Dimensional Brewing Company.
BACKGROUND
The building at 67 Main Street, the former Atlast Fluid Power Company building, has
been vacant or underutilized for several years. The Developer has a contract on the
property with the intention of making improvements this Fall.
DISCUSSION
The plans for 67 Main Street include space for a craft brewery, taproom, and kitchen at
a cost of approximately $650,000, to be completed by November 10, 2018.
The proposed Development Agreement provides for incentives to support the
redevelopment of the property with 3 years of Tax Increment Finance (TIF) rebates of
property tax increases above a 2018 base value. Rebates are estimated to be
$22,000.00. Additional terms and conditions of the project are described in the attached
Development Agreement.
RECOMMENDATION/ ACTION STEP
Based on the importance of the City's goal to assist in redeveloping the downtown and
the adjacent Historic Millwork area, I recommend the City Council approve the
Development Agreement between the City of Dubuque and Easy Steve, L.L.C. dba
Dimensional Brewing Company.
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. 236-18
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND EASY STEVE, L.L.C. dba DIMENSIONAL BREWING
COMPANY PROVIDING FOR THE ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS FOR THE REDEVELOPMENT OF 67 MAIN
STREET
Whereas, the City Council, by Resolution No. 216-18, dated July 16, 2018, declared its
intent to enter into a Development Agreement with Easy Steve, L.L.C. dba Dimensional
Brewing Company; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on August 6, 2018 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for redevelopment of the Property by Easy Steve, L.L.C. dba Dimensional
Brewing Company according to the terms and conditions set out in the Development
Agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement by and between the City of Dubuque and
Easy Steve, L.L.C. dba Dimensional Brewing Company, providing for the issuance of
Urban Renewal Tax Increment Revenue Obligations, a copy of which is attached hereto,
is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Development
Agreement 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 Development Agreement as herein approved.
Passed, approved and adopted this 6th day of August 2018.
Attest:
Com_
Kevi
111
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III II
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IMIl
Doc ID 008871960002 Type GEN
Kind: AGREEMENT
Recorded: 08/20/2018 at 03:10:25 PM
Fee Amt: $12.00 Page 1 of 2
Dubuque County Iowa
John Murphy Recorder
Fne2018-00009611
Prepare(' by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement by and among•the City of Dubuque, Iowa, an- Iowa municipal
corporation, of Dubuque, l�wa, and Easy Ste -v, L.L.C. was made regarding the
•following described premises:
CITY LOT 535, 535A, 536 & 537A (65-73 MAIN)
•IN THE CITY OF DUBUQUE
The Development Agreement is dated for reference purposes. the Wh day of.
August, 2018, and contains covenants, conditions, and restrictions concerning the sale
and use of said premises.
This Memorandum of Development Agr_eement is recorded fpr the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the
terms and provisions of the Development Agreement shall prevail. A complete
counterpart of the Development Agreement, together with any amendments thereto, is
in the possession Of the City of -Dubuque and may be examined at its Offices as above
prOvided.
Dated this lielay of , 2018.
CITY OF DUBUQUE, IOWA
EASY STEVE,
dba DIIVIEN-tIONAL BREWING COIVIPANV
J4ffBurds,
(19°C) CtkiC.Qsa
Attest:
Kevin irns ahl
City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
On this id— day of 4 , 20/cf; before me, a Notary Public in and for the State of
Iowa, in and for said couPTfy, personally appeared Roy D. Buol and Kevin S. Firnstahl, to
me personally known, who being by me duly sworn did say that they are the Mayor and
City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to said instrument
is the seal of said Municipal Corporation and that said instrument was signed and
sealed on behalf of said Municipal corporation by authority and resolution of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said Municipal Corporation by it voluntarily executed.
Notary Public, State of Iowa
STATE OF IOWA
COUNTY OF DUBUQUE
On this z 1, day of uLL_I 201a, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Jeff Burds, to me personally
known, who, being by me duly sworn, did say that he is Managing Member of Easy
Steve, L.L.C., the limited liability company executing the instrument to which this is
attached and that as said Marla -ging MeMber of Easy 8teve, L.L.C., acknowledged the
execution of said instrument to be the voluntary act and deed of said company, by it and
by him voluntarily executed.
)
)
)
SS
ASON
Commission Number 719986
My Commission Expires
I •
Public, State of Iowa
FAUsersitstecklelindahlEasy Steve LLC dba Dimensional Brewing Co -67 Main1Closing DocsiMemo of DA072518.docx
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
EASY STEVE, L.L.C. dba DIMENSIONAL BREWING COMPANY
HIS DEVE OPMENT AGREEMENT (Agreement) dated for reference purposes
the day of 4f1 , 2018, is made and entered into by and between the
City of Dubuque, Iowa (City), and EASY STEVE, L.L.C. dba Dimensional Brewing
Company (Developer).
WHEREAS, Developer is the owner of the real estate locally known as 67 Main
Street, Dubuque, Iowa and legally described as follows (the Property):
CITY LOT 535, 535A, 536 & 537A (65-73 MAIN) IN THE CITY OF DUBUQUE
WHEREAS, the Property is located in the Greater Downtown Urban Renewal
District (the District) which has been so designated by City Council Resolution 363-17
as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the
Urban Renewal Law); and
WHEREAS, Developer has undertaken the redevelopment of a one -story -plus -
mezzanine building located on the Property (the Building) and will be operating the same
during the term of this Agreement; and
WHEREAS, Developer will make an additional capital investment in building
improvements, equipment, furniture and fixtures in the Property (the Project); and
WHEREAS, the Building is historically significant and it is in the City's best interest
to preserve the Building; and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Ran for the Project Area adopted on May 18, 1967 and last amended on
December 4, 2017, City has the authority to enter into contracts and agreements to
implement the Urban Renewal Plan, as amended; and
WHEREAS, the Dubuque City Council believes it is in the best interests of the City
to encourage Developer in the development of the Property by providing certain
incentives as set forth herein.
NOW, THEREFORE, the parties to this Development Agreement, in consideration
of the promises, covenants and agreements made by each other, do hereby agree as
follows:
SECTION 1. REPRESENTATIONS AND WARRANTIES.
071218ba1
1.1 Representations and Warranties of City. In order to induce Developer to enter into
this Agreement, City hereby represents and warrants to Developer that to the best of
City's knowledge:
(1) City has duly obtained all necessary approvals and consents for its
execution, delivery and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this Agreement.
City's attorney shall issue a legal opinion to Developer at the time of closing
confirming the representations contained herein, in the form attached hereto as
Exhibit A.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of
whatever nature to which City is now a party or by which it or its property is bound,
or constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City or which
affects the validity of the Agreement or City's ability to perform its obligations under
this Agreement.
(6) No ordinance or hearing is now before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies,
the cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
modify, or re -align any street or highway providing access to the Property and there
are no pending or intended public improvements or special assessments affecting
the Property which will result in any charge or lien be levied or assessed against
the Property.
(7) The representations and warranties contained in this article shall be correct
in all respects on and as of the Closing Date with the same force and effect as if
such representations and warranties had been made on and as of the Closing
Date.
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(8) As of the date of this Agreement there has been prepared and approved by
City an Urban Renewal Plan for the Project Area consisting of the Urban Renewal
Plan for the Greater Downtown Urban Renewal Plan, most recently approved by
City Council of City on December 4, 2017, and as subsequently amended through
and including the date hereof, attached as Exhibit E (the Urban Renewal Plan). A
copy of the Urban Renewal Plan, as constituted on the date of this Agreement and
in the form attached hereto, is on file in the office of the City Clerk of Dubuque and
the office of the Auditor of Dubuque County, Iowa.
1.2 Representations and Warranties of Developer. The Developer makes the
following representations and warranties:
(1) Developer is a limited liability company duly organized and validly existing
under the laws of the State of Iowa, and has all requisite power and authority to
own and operate its properties, to carry on its business as now conducted and as
presently proposed to be conducted, and to enter into and perform its obligations
under this Agreement.
(2) This Agreement has been duly authorized, executed and delivered by
Developer and, assuming due authorization, execution and delivery by City, is in
full force and effect and is a valid and legally binding instrument of Developer
enforceable in accordance with its terms, except as the same may be limited by
bankruptcy, insolvency, reorganization or other laws relating to or affecting
creditors' rights generally. Developer's counsel shall issue a legal opinion to City,
at the time of closing, confirming the representations contained herein, in the form
attached hereto as Exhibit B.
(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
articles of incorporation or the bylaws of Developer or any contractual restriction,
evidence of indebtedness, agreement or instrument of whatever nature to which
Developer is now a party or by which it or its property is bound, or constitute a
default under any of the foregoing.
(4) There are no actions, suits or proceedings pending or threatened against or
affecting Developer in any court or before any arbitrator or before or by any
governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business, financial position or
result of operations of Developer or which affects the validity of the Agreement or
Developer's ability to perform its obligations under this Agreement.
(5) Developer will perform its obligations under this Agreement in accordance
with the material terms of this Agreement, the Urban Renewal Plan and all local,
state and federal laws and regulations.
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(6) Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all material requirements of all applicable local, state, and federal
laws and regulations which must be obtained or met.
(7) Developer has firm commitments for permanent financing for the Project in
an amount sufficient, together with equity commitments, to successfully complete
the requirements of this Agreement and shall provide evidence thereof to City prior
to the Closing Date.
1.3 Closing. The closing shall take place on the Closing Date which shall be the 1st
day of August, 2018, or such other date as the parties shall agree in writing but in no
event shall the Closing Date be later than the 15th day of August, 2018. Consummation
of the closing shall be deemed an agreement of the parties to this Agreement that the
conditions of closing shall have been satisfied or waived.
1.4 Conditions to Closing. The closing of the transaction contemplated by this
Agreement and all the obligations of Developer under this Agreement are subject to
fulfillment, on or before the Closing Date, of the following conditions:
(1) The representations and warranties made by City in Section 1.1 shall be
correct as of the Closing Date with the same force and effect as if such
representations were made at such time. At the closing, City shall deliver a
certificate to that effect in the form of Exhibit C.
(2) Developer shall have the right to terminate this Agreement at any time prior
to the consummation of the closing on the Closing Date if Developer determines
in its sole discretion that conditions necessary for the successful completion of the
Project contemplated herein have not been satisfied in Developer's sole discretion.
Upon the giving of notice of termination by Developer to City, this Agreement shall
be deemed null and void.
(3) Developer and City shall be in material compliance with all the terms and
provisions of this Agreement.
(4) Developer shall have furnished City with evidence, in a form satisfactory to
City (such as a letter of commitment from a bank or other lending institution), that
Developer has firm financial commitments in an amount sufficient, together with
equity commitments, to complete the Minimum Improvements (as defined herein)
in conformance with the Construction Plans (as defined herein), or City shall have
received such other evidence of Developer's financial ability as City in its
reasonable judgment City requires.
(5) Developer's counsel shall issue a legal opinion to City confirming the
representations contained herein in the form attached hereto as Exhibit B.
1.5 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to
Developer such other documents as may be required by this Agreement, all in a form
satisfactory to Developer.
SECTION 2. DEVELOPMENT ACTIVITIES.
2.1 Required Minimum Improvements. City and Developer agree that the assessed
value of the Building as of January 1, 2018, is $361,558. Developer must make a capital
investment to improve the Property of such amount as will increase the assessed value
of the Building as of the 1st day of January, 2019, to not less than $415,791.70, but in no
event a capital investment of not less than Six Hundred Fifty Thousand Dollars
($650,000.00). The dollar amount of assessed value increase represents a 15% increase
in the assessed value. The Minimum Improvements must include a
brewery/taproom/restaurant.
2.2 [This section intentionally left blank]
2.3 Plans for Construction of Minimum Improvements. Plans and specifications with
respect to the development of the Property and the construction of the Minimum
Improvements thereon (the Construction Plans) shall be in conformity with Urban
Renewal Plan, this Agreement, and all applicable state and local laws and regulations,
including but not limited to any covenants, conditions, restrictions, reservations,
easements, liens and charges, recorded in the records of Dubuque County, Iowa.
Developer shall submit to City, for approval by City, plans, drawings, specifications, and
related documents with respect to the improvements to be constructed by Developer on
the Property. All work with respect to the Minimum Improvements shall be in substantial
conformity with the Construction Plans approved by City.
2.4 Timing of Improvements. Developer hereby agrees that construction of the
Minimum Improvements on the Property shall be commenced within sixty (60) days after
the Closing Date, and shall be substantially completed by November 10, 2018. The time
for the performance of these obligations shall be suspended due to unavoidable delays
meaning delays, outside the control of the party claiming its occurrence in good faith,
which are the direct result of strikes, other labor troubles, unusual shortages of materials
or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty
to the Minimum Improvements, litigation commenced by third parties which, by injunction
or other similar judicial action or by the exercise of reasonable discretion directly results
in delays, or acts of any federal, state or local government which directly result in
extraordinary delays. The time for performance of such obligations shall be extended
only for the period of such delay.
2.5 Certificate of Completion. Promptly following the request of Developer upon
completion of the Minimum Improvements, City shall furnish Developer with an
appropriate instrument so certifying. Such certification (the Certificate of Completion)
shall be in form attached as Exhibit J and shall be a conclusive determination of the
satisfaction of Developer's obligations to make the Minimum Improvements under this
5
Agreement and completion of the Minimum Improvements by Developer as required by
this Agreement.
SECTION 3. CITY PARTICIPATION.
3.1 Financial Incentives. The financial incentives set forth in this Section 3 are the
only incentives City has agreed to provide Developer. The incentives cannot be modified
except by amendment to this Agreement. City is under no obligation to approve any such
amendment.
3.2 Economic Development Grants.
(1) For and in consideration of Developer's obligations hereunder, and in
furtherance of the goals and objectives of the Urban Renewal Plan for the Project
Area and the Urban Renewal Law, City agrees, subject to Developer being and
remaining in compliance with the terms of this Agreement, to make six (6)
consecutive semi-annual payments (such payments being referred to collectively
as the Economic Development Grants) to Developer, as follows:
November 1, 2020
November 1, 2021
November 1, 2022
May 1, 2021
May 1, 2022
May 1, 2023
pursuant to Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal
to the actual amount of tax increment revenues collected by City under Iowa Code
Section 403.19 (without regard to any averaging that may otherwise be utilized
under Iowa Code Section 403.19 and excluding any interest that may accrue
thereon prior to payment to Developer) during the preceding six-month period in
respect of the Property and Minimum Improvements constructed by Developer (the
Developer Tax Increments). For purposes of calculating the amount of the
Economic Development Grants provided in this Section, the Developer Tax
Increments shall be only those tax increment revenues collected by City in respect
of the increase in the assessed value of the Property above the assessment of
January 1, 2018 ($361,558.00) for the entire building. The Developer Tax
Increments shall not include (i) any property taxes collected for the payment of
bonds and interest of each taxing district, (ii) any taxes for the regular and voter -
approved physical plant and equipment levy and instructional support levy, (iii) the
remaining actual amount of tax increment revenues collected by City in respect of
the valuations of the Property prior to January 1, 2018 and (iv) any other portion
required to be excluded by Iowa law, and thus such incremental taxes will not
include all amounts paid by Developer as regular property taxes.
City shall have no obligation for any Economic Development Grants if the
assessed value of the Building as of the 1st day of January, 2019, is not greater
than $415,791.70, as provided in Section 2.1.
(2) To fund the Economic Development Grants, City shall certify to the County
prior to December 1 of each year, commencing December 1, 2019, its request for
the available Developer Tax Increments resulting from the assessments imposed
by the County as of January 1 of that year, to be collected by City as taxes are
paid during the following fiscal year and which shall thereafter be disbursed to
Developer on November 1 and May 1 of that fiscal year. (Example: If City so
certifies by December 1, 2019, the Economic Development Grants in respect
thereof would be paid to Developer on November 1, 2020, and May 1, 2021.)
(3) The Economic Development Grants shall be payable from and secured
solely and only by the Developer Tax Increments paid to City that, upon receipt,
shall be deposited and held in a special account created for such purpose and
designated as the Dimensional Brewing TIF Account of City. City hereby
covenants and agrees to maintain its TIF ordinance in force during the term and to
apply the incremental taxes collected in respect of the Property and Minimum
Improvements and allocated to Dimensional Brewing TIF Account to pay the
Economic Development Grants, as and to the extent set forth in Section 3.2(1)
hereof. The Economic Development Grants shall not be payable in any manner by
other tax increments revenues or by general taxation or from any other City funds.
City makes no representation with respect to the amounts that may be paid to
Developer as the Economic Development Grants in any one year and under no
circumstances shall City in any manner be liable to Developer so long as City
timely applies the Developer Tax Increments actually collected and held in the
Dimensional Brewing TIF Account (regardless of the amounts thereof) to the
payment of the Economic Development Grants to Developer as and to the extent
described in this Section.
(4) City shall be free to use any and all tax increment revenues collected in
respect of other properties within the Project Area, or any available Developer Tax
Increments resulting from the termination of the annual Economic Development
Grants under Section 3.2 hereof, for any purpose for which such tax increment
revenues may lawfully be used pursuant to the provisions of the Urban Renewal
Law, and City shall have no obligations to Developer with respect to the use
thereof.
(5) All of City's obligations under this Agreement, including but not limited to
City's obligation to pay the Economic Development Grants to Developer, shall be
subject to City having completed all hearings and other procedures required to
amend the. Urban Renewal Plan to describe the Urban Renewal Project being
undertaken in accordance with this Agreement.
SECTION 4. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING.
4.1 Non -Appropriation.
(1) Notwithstanding anything in this Agreement to the contrary, the obligation
of City to pay any installment of the Economic Development Grants from the
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pledged tax increment revenues shall be an obligation limited to currently budgeted
funds, and not a general obligation or other indebtedness of City or a pledge of its
full faith and credit within the meaning of any constitutional or statutory debt
limitation, and shall be subject in all respects to the right of non -appropriation by
the City Council of City as provided in this Section. City may exercise its right of
non -appropriation as to the amount of the installments to be paid during any fiscal
year during the term of this Agreement without causing a termination of this
Agreement. The right of non -appropriation shall be exercised only by resolution
affirmatively declaring City's election to non -appropriate funds otherwise required
to be paid in the next fiscal year under this Agreement.
(2) In the event the City Council of City elects to not appropriate sufficient funds
in the budget for any future fiscal year for the payment in full of the installments on
the Economic Development Grant due and payable in that future fiscal year, then
City shall have no further obligation to Developer for the payment of any
installments due in that future fiscal year which cannot be paid with the funds then
appropriated for that purpose.
4.2 The right of non -appropriation reserved to City in this Section is intended by the
parties, and shall be construed at all times, so as to ensure that City's obligation to pay
future installments on the Economic Development Grants shall not constitute a legal
indebtedness of City within the meaning of any applicable constitutional or statutory debt
limitation prior to the adoption of a budget which appropriates funds for the payment of
that installment or amount. In the event that any of the provisions of this Agreement are
determined by a court of competent jurisdiction to create, or result in the creation of, such
a legal indebtedness of City, the enforcement of the said provision shall be suspended,
and the Agreement shall at all times be construed and applied in such a manner as will
preserve the foregoing intent of the parties, and no event of default shall be deemed to
have occurred as a result thereof. If any provision of this Agreement or the application
thereof to any circumstance is so suspended, the suspension shall not affect other
provisions of this Agreement which can be given effect without the suspended provision,
and to this end the provisions of this Agreement are severable.
SECTION 5. COVENANTS OF DEVELOPER.
5.1 The Minimum Improvements shall conform to the City of Dubuque Downtown
Design Guidelines.
5.2 [This section intentionally left blank.]
5.3 Books and Records. During the term of this Agreement, Developer shall keep at
all times and make available to City upon reasonable request proper books of record and
account in which full, true and correct entries will be made of all dealings and transactions
of or in relation to the business and affairs of Developer in accordance with generally
accepted accounting principles consistently applied throughout the period involved, and
Developer shall provide reasonable protection against loss or damage to such books of
record and account.
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5.4 Real Property Taxes. Developer shall pay or cause to be paid, when due, all real
property taxes and assessments payable with respect to all and any parts of the Property
unless Developer's obligations have been assumed by another person pursuant to the
provisions of this Agreement.
5.5 No Other Exemptions. During the term of this Agreement, Developer agrees not
to apply for any state or local property tax exemptions which are available with respect to
the Development Property or the Minimum Improvements located thereon that may now
be, or hereafter become, available under state law or city ordinance during the term of
this Agreement, including those that arise under Iowa Code Chapters 404 and 427, as
amended.
5.6 Insurance Requirements.
(1) Developer shall provide and maintain or cause to be maintained at all times
during the process of constructing the Minimum Improvements and at its sole cost
and expense builder's risk insurance, written on a Completed Value Form in an
amount equal to one hundred percent (100%) of the building (including Minimum
Improvements) replacement value when construction is completed. Coverage
shall include the "special perils" form and developer shall furnish City with proof of
insurance in the form of a certificate of insurance.
(2) Upon completion of construction of the Minimum Improvements and up to
the Termination Date, Developer shall maintain, or cause to be maintained, at its
cost and expense property insurance against loss and/or damage to the building
(including the Minimum Improvements) under an insurance policy written with the
"special perils" form and in an amount not less than the full insurable replacement
value of the building (including the Minimum Improvements). Developer shall
furnish to City proof of insurance in the form of a certificate of insurance.
(3) The term "replacement value" shall mean the actual replacement cost of the
building with Minimum Improvements (excluding foundation and excavation costs
and costs of underground flues, pipes, drains and other uninsurable items) and
equipment, and shall be reasonably determined from time to time at the request of
City, but not more frequently than once every three (3) years.
(4) Developer shall notify City immediately in the case of damage exceeding
$50,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. Net proceeds of any such insurance
(Net Proceeds), shall be paid directly to Developer as its interests may appear,
and Developer shall forthwith repair, reconstruct and restore the Minimum
Improvements to substantially the same or an improved condition or value as they
existed prior to the event causing such damage and, to the extent necessary to
accomplish such repair, reconstruction and restoration, Developer shall apply the
Net Proceeds of any insurance relating to such damage received by Developer to
the payment or reimbursement of the costs thereof, subject, however, to the terms
9
of any mortgage encumbering title to the Property (as its interests may appear).
Developer shall complete the repair, reconstruction and restoration of Minimum
Improvements whether or not the Net Proceeds of insurance received by
Developer for such purposes are sufficient.
5.7 Preservation of Property. During the term of this Agreement, Developer shall
maintain, preserve and keep, or cause others to maintain, preserve and keep, the
Minimum Improvements in good repair and working order, ordinary wear and tear
accepted, and from time to time shall make all necessary repairs, replacements, renewals
and additions.
5.8 Non -Discrimination. In carrying out the project, Developer shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex,
sexual orientation, gender identity, national origin, age or disability.
5.9 Conflict of Interest. Developer agrees that no member, officer or employee of City,
or its designees or agents, nor any consultant or member of the governing body of City,
and no other public official of City who exercises or has exercised any functions or
responsibilities with respect to the project during his or her tenure, or who is in a position
to participate in a decision-making process or gain insider information with regard to the
project, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the project, or in any
activity, or benefit therefrom, which is part of this project at any time during or after such
person's tenure. In connection with this obligation, Developer shall have the right to rely
upon the representations of any party with whom it does business and shall not be
obligated to perform any further examination into such party's background.
5.10 Non -Transferability. Until such time as the Minimum Improvements are complete
(as certified by City under Section 2.5), this Agreement may not be assigned by Developer
nor may the Property be transferred by Developer to another party. Thereafter, with the
prior written consent of City, which shall not be unreasonably withheld, Developer shall
have the right to assign this Agreement, and upon assumption of the Agreement by the
assignee, Developer shall no longer be responsible for its obligations under this
Agreement.
5.11 No change in Tax Classification. Developer agrees that it will not take any action
to change, or otherwise allow, the classification of the Property for property tax purposes
to become other than commercial/multi-residential and to be taxed as such under Iowa
law. This restriction shall terminate upon the termination of this Agreement.
5.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns,
and every successor in interest to the Property or any part thereof, for the duration of this
Agreement, that they, and their respective successors and assigns, shall:
(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of
the Property as a bar/restaurant and upper -story housing, is in full compliance with
10
the Urban Renewal Plan) (however, Developer shall not have any liability to City
to the extent that a successor in interest shall breach this covenant and City shall
seek enforcement of this covenant directly against the party in breach of same);
and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, gender identity, national origin, age or disability in the sale, lease,
rental, use or occupancy of the Property or any improvements erected or to be
erected thereon, or any part thereof (however, Developer shall not have any
liability to City to the extent that a successorin interest shall breach this covenant
and City shall seek enforcement of this covenant directly against the party in
breach of same).
5.13 Compliance with Laws. Developer shall comply with all laws, rules and regulations
relating to its businesses, other than laws, rules and regulations the failure to comply with
or the sanctions and penalties resulting therefrom, would not have a material adverse
effect on the business, property, operations, financial or otherwise, of Developer.
SECTION 6. EVENTS OF DEFAULT AND REMEDIES.
6.1 Events of Default Defined. The following shall be Events of Default under this
Agreement and the term Event of Default shall mean, whenever it is used in this
Agreement, any one or more of the following events:
(1) Failure by Developer to pay or cause to be paid, before delinquency, all real
property taxes assessed with respect to the Minimum Improvements and the
Property.
(2) Failure by Developer to cause the construction of the Minimum
Improvements to be commenced and completed pursuant to the terms, conditions
and limitations of this Agreement.
(3) Transfer of any interest by Developer of the Minimum Improvements in
violation of the provisions of this Agreement prior to the issuance of the final
Certificate of Completion.
(4) Failure by Developer or City to substantially observe or perform any other
material covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
6.2. Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 6.1 of this Agreement occurs and is continuing, City, as specified below, may take
any one or more of the following actions after the giving of written notice by City to
Developer (and the holder of any mortgage encumbering any interest in the Property of
which City has been notified of in writing) of the Event of Default, but only if the Event of
Default has not been cured within sixty (60) days following such notice, or if the Event of
Default cannot be cured within sixty (60) days and Developer does not provide
11
assurances to City that the Event of Default will be cured as soon as reasonably possible
thereafter:
(1) City may suspend its performance under this Agreement until it receives
assurances from the Developer deemed adequate by City, that the Developer will
cure its default and continue its performance under this Agreement;
(2) Until the Closing Date, City may cancel and rescind this Agreement;
(3) Until issuance of the Certificate of Completion, City shall be entitled to
recover from Developer the sum of all amounts expended by City in connection
with the .funding of the Economic Development Grants to Developer and City may
take any action, including any legal action it deems necessary, to recover such
amounts from the Developer;
(4) City may withhold the Certificate of Completion; or
(5) City may take any action, including legal, equitable or administrative action,
which may appear necessary or desirable to collect any payments due under this
Agreement or to enforce performance and observance of any obligation,
agreement, or covenant under this Agreement.
6.3 No 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.
6.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such waiver
shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
6.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity,
including an action for declaratory relief or arbitration, is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of litigation from the other party. Such fees and
costs of litigation may be set by the court in the trial of such action or by the arbitrator, as
the case may be, or may be enforced in a separate action brought for that purpose. Such
fees and costs of litigation shall be in addition to any other relief that may be awarded.
6.6 Remedies on Default by City. If City defaults in the performance of this Agreement,
Developer may take any action, including legal, equitable or administrative action that
may appear necessary or desirable to collect any payments due under this Agreement,
to recover expenses of Developer, or to enforce performance and observance of any
12
obligation, agreement, or covenant of City under this Agreement. Developer may
suspend their performance under this Agreement until they receive assurances from City,
deemed adequate by Developer, that City will cure its default and continue its
performance under this Agreement.
SECTION 7. GENERAL TERMS AND PROVISIONS.
7.1 Notices and Demands. Whenever this Agreement requires or permits any notice
or written request by one party to another, it shall be deemed to have been properly given
if and when delivered in person or three (3) business days after having been deposited in
any U.S. Postal Service and sent by registered or certified mail, postage prepaid,
addressed as follows:
If to Developer:
With copy to:
If to City:
With copy to:
EASY STEVE, L.L.C. dba Dimensional Brewing
Attn: Jeff Burds
773 Amara Ct.
Peosta, IA 52068
Brad Heying
Kane, Norby & Reddick, P.0
2100 Asbury Road, Suite 2
Dubuque, IA 52001
Phone: (563) 582-7980
City Manager
50 W. 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4110
Fax: (563) 589-4149
City Attorney
City Hall
50 W. 13th Street
Dubuque IA 52001
or at such other address with respect to either party as that party may, from time to time
designate in writing and forward to the other as provided in this Section.
7.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit
of City and Developer and their respective successors and assigns.
7.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on June 30, 2023 (the Termination Date).
7.4 Execution By Facsimile. The parties agree that this Agreement may be transmitted
between them by facsimile machine or electronic transmission. The parties intend that
the faxed or electronic signatures constitute original signatures and that a faxed or
13
electronically transmitted Agreement containing the signatures (original, electronically
transmitted or faxed) of all the parties is binding on the parties.
7.5 Memorandum of Development Agreement. City shall promptly record a
Memorandum of Development Agreement in the form attached hereto as Exhibit D in the
office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for so
recording.
7.6 Governing Law. The law governing this Agreement shall be that of the State of
Iowa. In the event suit is brought by either Party to this Agreement, the Parties agree that
venue shall be exclusively vested in Iowa District Court in and for Dubuque County.
7.7 Entire Agreement and Amendments. This Agreement contains all the agreements
of the Parties with respect to any matter covered or mentioned in this Agreement, and no
other agreement or understanding pertaining to any such matter shall be effective for any
purpose. No provision of this Agreement may be amended or added, except by an
agreement in writing signed by the Parties.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in
its name and behalf by its Mayor and attested to by its City Clerk and Developer has
caused this Agreement to be duly executed on or as of the first above written.
CITY OF DUBQUE, IOWA EASY STEVE, L.L.C.
By:
Attest:
By:
Roy Duo!, Mayor Jeff Burds, Managing Member
Kevin S Firnstahl
City Clerk
14
(City Seal)
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
On this (04— day of At.ls 2018 before me the undersigned, a Notary
Public in and for the said County and State, personally appeared Roy D. Buol and Kevin
S, Firnstahl, to me personally known, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation executing the instrument to which this is attached; that the seal affixed hereto
is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of the City of Dubuque, Iowa, by authority of its City Council; and that said Mayor
and City Clerk acknowledged the execution of said instrument to be the voluntary act and
deed of said City, by it and by them voluntarily executed.
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
'M LL GLEASON
ommission Number 719986
My Commission Expires
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Jeff Burds, to me personally
known, who, being by me duly sworn, did say that he is Managing Member of Easy Steve,
L.L.C. the limited liability company executing the instrument to which this is attached and
that as said Managing Member of Easy Steve, L.L.C. acknowledged the execution of said
instrument to be the voluntary act and deed of said company, by it and by him voluntarily
executed.
Notary Public
15
LIST OF EXHIBITS
EXHIBIT A - City Attorney's Certificate
EXHIBIT B — Opinion of Developer's Counsel
EXHIBIT C — City Certificate
EXHIBIT D — Memorandum of Development Agreement
EXHIBIT E — Urban Renewal Plan
EXHIBIT F — Certification of Completion
EXHIBIT A
CITY ATTORNEY'S CERTIFICATE
17
Barry A. Lindahl, Esq.
Senior Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
Office Hours: 8:00 AM — 5:00 PM, T -W -Th
8:00 AM —12:00 PM, F
RE:
Dear
the
Masterpiece on the Mississippi 2013.2017
(DATE)
I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution
and delivery of a certain Development Agreement between
(Developer) and the City of Dubuque, Iowa (City) dated for reference purposes the
day of , 20 .
The City has duly obtained all necessary approvals and consents for its execution,
delivery and performance of this Agreement and has full power and authority to execute,
deliver and perform its obligations under this Agreement, and to the best of my
knowledge, the representations of the City Manager in his letter dated the day of
, 20_, are correct.
BAL:tls
18
Very sincerely,
Barry A. Lindahl, Esq.
Senior Counsel
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
19
Mayor and City Councilmembers
City Hall
13th and Central Avenue
Dubuque IA 52001
Re: Development Agreement Between the City of Dubuque, Iowa and
Dear Mayor and City Councilmembers:
We have acted as counsel for , in connection with the execution and
delivery of a certain Development Agreement (Development Agreement) between Developer and
the City of Dubuque, Iowa (City) dated for reference purposes the day of , 2017.
We have examined the original certified copy, or copies otherwise identified to our
satisfaction as being true copies, of the Development Agreement and such other documents and
records as we have deemed relevant and necessary as a basis for the opinions set forth herein.
Based on the pertinent law, the foregoing examination and such other inquiries as we have
deemed appropriate, we are of the opinion that:
1. Developer is a limited liability company organized and existing under the laws of
the State of Iowa and has full power and authority to execute, deliver and perform in full the
Development Agreement. The Development Agreement has been duly and validly authorized,
executed and delivered by Developer and, assuming due authorization, execution and delivery by
City, is in full force and effect and is a valid and legally binding instrument of Developer
enforceable in accordance with its terms, except as the same may be limited by bankruptcy,
insolvency, reorganization or other laws relating to or affecting creditors' rights generally.
2. To our actual knowledge with no duty to inquire, the execution, delivery and
performance by Developer of the Development Agreement and the carrying out of the terms
thereof, will not result in violation of any provision of, or in default under, the articles of
incorporation and bylaws of Developer, any indenture, mortgage, deed of trust, indebtedness,
agreement, judgment, decree, order, statute, rule, regulation or restriction to which Developer is a
party or by which Developer's property is bound or subject.
3. To our actual knowledge with no duty to inquire, there are no actions, suits or
proceedings pending or threatened against or affecting Developer in any court or before any
arbitrator or before or by any governmental body in which there is a reasonable possibility of an
adverse decision which could materially adversely affect the business (present or prospective),
financial position or results of operations of Developer or which in any manner raises any questions
affecting the validity of the Agreement or the Developer's ability to perform Developer's
obligations thereunder.
This opinion is rendered for the sole benefit of the City of Dubuque and no other party may rely
on this opinion.
This opinion is rendered and valid as of the date of this letter and we have no duty to update this
20
opinion for any matters which come to our knowledge after the date of this letter.
Sincerely,
EXHIBIT C
CITY CERTIFICATE
22
Dubuque
Masterpiece on the Mississippi 22:73:22:1;
Dear
(DATE)
City Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 office
(563) 589-4149 fax
ctymgr@cityofdubuque.org
I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in
connection with the execution and delivery of a certain Development Agreement between
(Developer) and the City of Dubuque, Iowa (City) dated for reference
purposes the day of , 20_.
On behalf of the City of Dubuque, I hereby represent and warrant to Developer that:
(1) City has duly obtained all necessary approvals and consents for its
execution, delivery and performance of this Agreement and that it has full power
and authority to execute, deliver and perform its obligations under this Agreement.
City's attorney shall issue a legal opinion to Developer at time of closing confirming
the representation contained herein, in the form attached hereto as Exhibit B.
(2) City shall exercise its best efforts to cooperate with Developer in the
development process.
(3) City shall exercise its best efforts to resolve any disputes arising during the
development process in a reasonable and prompt fashion.
(4) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
charter of City, any evidence of indebtedness, agreement or instrument of
whatever nature to which City is now a party or by which it or its property is bound,
or constitute a default under any of the foregoing.
(5) There are no actions, suits or proceedings pending or threatened against or
affecting City in any court or before any arbitrator or before or by any governmental
body in which there is a reasonable possibility of an adverse decision which could
materially adversely affect the financial position or operations of City or which
affects the validity of the Agreement or City's ability to perform its obligations under
this Agreement.
23
(6) No ordinance or hearing is now or before any local governmental body that
either contemplates or authorizes any public improvements or special tax levies,
the cost of which may be assessed against the Property. To the best of City's
knowledge, there are no plans or efforts by any government agency to widen,
modify, or re -align any street or highway providing access to the Property and there
are no pending or intended public improvements or special assessments affecting
the Property which will result in any charge or lien be levied or assessed against
the Property.
(7) The representations and warranties contained in this article shall be correct
in all respects on and as of the Closing Date with the same force and effect as if
such representations and warranties had been made on and as of the Closing
Date.
MCVM:jh
24
Sincerely,
Michael C. Van Milligen
City Manager
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
25
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
MEMORANDUM OF DEVELOPMENT AGREEMENT
A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal
corporation, of Dubuque, Iowa, and Easy Steve, L.L.C. was made regarding the following
described premises:
CITY LOT 535, 535A, 536 & 537A (65-73 MAIN)
IN THE CITY OF DUBUQUE
The Development Agreement is dated for reference purposes the day of
, 2018, and contains covenants, conditions, and restrictions concerning the
sale and use of said premises.
This Memorandum of Development Agreement is recorded for the purpose of
constructive notice. In the event of any conflict between the provisions of this
Memorandum and the Development Agreement itself, executed by the parties, the terms
and provisions of the Development Agreement shall prevail. A complete counterpart of
the Development Agreement, together with any amendments thereto, is in the possession
of the City of Dubuque and may be examined at its offices as above provided.
Dated this day of , 2018.
CITY OF DUBUQUE, IOWA EASY STEVE, L.L.C.
dba DIMENSIONAL BREWING COMPANY
By By
Roy D. Buol, Mayor Jeff Burds, Managing Member
Attest:
Kevin S. Firnstahl
City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this day of , 20_, before me, a Notary Public in and for the State of
Iowa, in and for said county, personally appeared Roy D. Buol and Kevin S. Firnstahl, to
26
me personally known, who being by me duly sworn did say that they are the Mayor and
City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to said instrument
is the seal of said Municipal Corporation and that said instrument was signed and sealed
on behalf of said Municipal corporation by authority and resolution of its City Council and
said Mayor and City Clerk acknowledged said instrument to be the free act and deed of
said Municipal Corporation by it voluntarily executed.
Notary Public, State of Iowa
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Jeff Burds, to me personally
known, who, being by me duly sworn, did say that he is Managing Member of Easy Steve,
L.L.C., the limited liability company executing the instrument to which this is attached and
that as said Managing Member of Easy Steve, L.L.C., acknowledged the execution of
said instrument to be the voluntary act and deed of said company, by it and by him
voluntarily executed.
Notary Public, State of Iowa
27
EXHIBIT E
URBAN RENEWAL PLAN
28
Prepared by:
Return to:
Jill Connors, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4393
Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121
AMENDED and RESTATED
URBAN RENEWAL PLAN
Greater Downtown Urban Renewal District
(Including the former Downtown Dubuque, Ice Harbor, Kerper Boulevard, East 7th
Street, Quebecor, Holy Ghost and Dubuque Brewing & Malting Urban Renewal
Districts)
City of Dubuque, Iowa
This Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District traces its beginnings to the merger of the Downtown Urban Renewal Area Project Number
Iowa R-15, originally established by Resolution 123-67 by the City Council of the City of Dubuque,
Iowa on May 18, 1967 and subsequently amended and restated by Resolution 79-71 on March
15, 1971, by Resolution 73-74 on March 11, 1974, by Resolution 107-82 on May 3, 1982, by
Resolution 191-84 on June 25, 1984, by Resolution 371-93 on December 6, 1993, by Resolution
145-94 on May 2, 1994, by Resolution 479-97 on November 17, 1997, by Resolution 476-98 on
October 19, 1998 and by Resolution 187-02 on April 1, 2002, with the Ice Harbor Urban Renewal
District, originally established by Resolution 403-89 of the City Council of the City of Dubuque,
Iowa on December 18, 1989 and subsequently amended and restated by Resolution 241-00 on
June 5, 2000 and by Resolution 114-02 on March 4, 2002. The Urban Renewal Plan for the
Greater Downtown Urban Renewal District resulting from that merger was later amended by
Resolution 170-04 on April 19, 2004, by Resolution 391-06 on August 21, 2006, by Resolution
108-07 on February 20th, 2007, by Resolution 597-07 on December 17, 2007, by Resolution 300-
08 on September 2, 2008, by Resolution 393-09 on October 5, 2009, and by Resolution 26-10 on
July 19, 2010. On May 2, 2011 the Kerper Boulevard Industrial Park Economic Development
District originally established by Resolution 274-94 on August 15, 1994 and the East 7th Street
Economic Development District, originally established by Resolution 144-97 on April 7, 1997 were
merged into and became part of the Greater Downtown Urban Renewal District, pursuant to
Resolution 155-11 approved on May 2, 2011. The Quebecor Economic Development District,
originally established by Resolution 479-02 on September 16, 2002, was merged into and became
part of the Greater Downtown Urban Renewal District pursuant to Resolution 271-12 approved
on October 1, 2012. The Urban Renewal Plan for the Greater Downtown Urban Renewal District
resulting from that merger and amendment was thereafter amended and restated by Resolution
173-13 on June 03, 2013. The Holy Ghost Urban Renewal District, originally established by
Resolution 234-11 on July 18, 2011 was merged into and became part of the amended and
restated Greater Downtown Urban Renewal District pursuant to Resolution 178-14 approved on
June 16, 2014. The Urban Renewal Plan for the Greater Downtown Urban Renewal District
resulting from that merger was later amended by Resolution 372-15 approved on October 19
2015. The Dubuque Brewing & Malting Urban Renewal District, originally established by
Resolution 301-08 approved on September 2, 2008 and subsequently amended and restated by
Resolution 170-13 approved on June 3, 2013, was merged into and became part of the Greater
Downtown Urban Renewal District pursuant to Resolution 401-16 approved on November 21,
2016.
By Resolution 90-17, adopted on March 6, 2017, the City Council approved and adopted an
29
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
The Urban Renewal Plan for the Greater Downtown Urban Renewal District was subsequently
amended and restated by Resolution 206-17, adopted on June 5, 2017, and by Resolution 381-
17, adopted on December 4, 2017.
A copy of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District is on file at the Office of the City Clerk, City Hall, 50 East 13th Street, Dubuque
IA.
30
EXHIBIT F
CERTIFICATE OF COMPLETION
31
Prepared by/Return to: Jill Connors, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4393
CERTIFICATE OF COMPLETION
WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the "Grantor"),
has granted incentives to Easy Steve, L.L.C. (the "Grantee"), in accordance with a
Development Agreement dated as of [Date] (the "Agreement"), by and among the
Grantor, and the Grantee (collectively, the "Agreement"), certain real property located
within the Greater Downtown Urban Renewal District of the Grantor and as more
particularly described as follows:
CITY LOT 535, 535A, 536 & 537A (65-73 MAIN) IN THE CITY OF DUBUQUE
(the "Development Property"); and
WHEREAS, said Agreement incorporated and contained certain covenants and
conditions with respect to the rehabilitation of the Development Property, and obligated
the Grantee to construct certain Minimum Improvements (as defined therein) in
accordance with the Agreement; and
WHEREAS, the Grantee has to the present date performed said covenants and
conditions insofar as they relate to the construction of the Minimum Improvements in a
manner deemed sufficient by the Grantor to permit the execution and recording of this
certification; and
NOW, THEREFORE, pursuant to Section 2.5 of the Agreement, this is to certify
that all covenants and conditions of the Agreement with respect to the obligations of the
Grantee, and its successors and assigns, to construct the Minimum Improvements on the
Development Property have been completed and performed by the Grantee to the
satisfaction of the Grantor and such covenants and conditions are hereby satisfied.
The Recorder of Dubuque County is hereby authorized to accept for recording and to
record the filing of this instrument, to be a conclusive determination of the satisfaction of
the covenants and conditions as set forth in said Agreement, and that the Agreement
shall otherwise remain in full force and effect.
(SEAL) CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen, City Manager
32
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of , 2018, before me, the undersigned, a notary public
in and for the State of Iowa, personally appeared and
acknowledged the execution of the instrument to be his/her voluntary act and deed.
Notary Public in and for
Dubuque County, Iowa
33
�
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3
STATE OF IOWA {SS: ;
DUBUQUE COUNTY �
��
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CERTIFICATION OF PUBLICATION `
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I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher ',i,
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County `�
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper �i
on the following dates: July 20, 2018, and for which the charge is $41.65. ��i
,�
;.
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Subscribed to before rne, Notary Public in and for Dubuque County, Iowa,
this��'�J"_��day of , 2p�/',�,
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� � otary Public in and for Dubuque County, Iowa. �
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CITY OF DUBUQUE, II
IOWA , I;
1DFFICIAL,NOTICE
NOTICE QF A PUBLIC I �;
HEARIN,G 'OF THE
CPTY �COUNCIL "OF I fl
THE GTY OF DUBU• At the meeting,,the ' ��
' QUE, IOWA, pN THE £ity Council,will re- i
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APPROVAL' OF THE ceive oral and written j
d'E V E L p�P M E N�T objections �from �ny ' i
41GREEMENT BE- resident or�. property j �
TWEEN THE CITY OF i owner of the City.of i j'
DUBUQUE AND Fr4SY Dubuque to'the above I a
STEVE, LCG dba-DI- action. After all objec-� ti
MENSIONAL' BItEW tions have -been _r,e- �
� !NG 'COMPANY, ]N- I ceived and Considered,�
CWDING iHE AU- the City Council may at '
YHORIZATION OF LR- I
BAN RENEVUAL TAX this meeting;or at an.y ,
INCREMEN7 REVENUE I adjournment,: thereof, i
OBLIGATIONS approve th,e Deuelop- ;
, PUBLIC :NOTICE is �I ment Agree,ment and:, i�
bereby given that-the I authorize such Tax In-'I
City Council;of the City cremenC. Revenue j �i
Grant,Obligations, or �
of,Dubuque; lowa, will abandon the:proposaL�I ��
hold a public hearing �� �I
on the;6th;day of Au- BY order, of the,City i;
gust 2018,at 6:00 p.m. Council said hearing , ^ I:
in the} Cify and appeals.therefrom , �� . � a
Council shall be held in accor-
Ghambers at the,His- , j
toric Federal Building, dance w,ith,j.and gov- J
350 W. 6th,St., Dubu- erned by,theJprouisions I
of Section 403:9 of the
que, low,a, at which I
meeting the City.Coun- Code of lowa. ;, �„
cil proposes to take ac- ' Written cqmments.re- 1 �: !,
tion on the approval of 9arding the above pub- II:
a Development Agree- ��c hearings'may be �:
ment Between the City submitted to,the City '�
bfi Dubuque; lowa and ' Clerks Office, 50 W. !,
Easy Steve,LLC dba Di- 13th St., on or before 'I
mensional Brewing ' said time of public i
Company, ;; including �� hearing. ; I I;
thie issuance, of, eco- Gopies of,supporting
, documents fpr the pub-, �
nRmic :,developmeht lic hearings are on file '
grants(Urban Renewal
Tax-tncrerr�ent�v�r�a�e,� in#he City Clerks,Office'
Grant Obligationgs);de � and may qe viewed
scribed therein to Easy I during normal work'tng '
hours.
Steve, LLC dba>Dimen- i ' �i!
sionaf Brewing Compa- ?ny visual or hearing- �,
ny, in order to carry -impaired per.sons need- ' j
out the purposes and ing special assistance l V
objectives.of the Urban or persons with special 'I �
Renewal Plan for the I accessibility, needs I �
Greater powntown Ur- should contact the City' �
ban Renewal District, I Clerks Office at (563) � �
and the funding of,the 589-4100 or TDD (563) I ij
economic,development ' 690-6678 atr least 48 , I
grants.under the terms hours prior to the �a
and conditions of the meeting. � ��
Development� Agree- This notice is given by' {
ment and the .Urban order of tbe City Goun- �
Renewal Plan for-the cil of the City ',of', d
Greater pow,.ntown Ur- Dubuque, lowa,as pro.- f
ban Renew,al District. vided by Cha�pter 403 of
The aggregate amount the Code of Iowa. �
of the Urban Renewal ' �Dytze�d$his 20th�day of, I�
Tax Increment Revenue Kevin S.Firnstahl'
Grant Obligations can- " P
not be determined at City Cl�rk,of Dubuque, �,
the present time buf is lowa '
not expected to exceed lt 7/20
$22,OOU.09: p
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