Awarding Contract for the Bee Branch Healthy Homes Housing Rehabilitation Project 278 W. 17th St. Copyrighted
May 6, 2019
City of Dubuque Action Items # 2.
ITEM TITLE: Awarding Contractforthe Bee Branch Healthy Homes
(CDBG-NDR) Housing Rehabilitation Projectfor278 W.
17th Street
SUMMARY: City Manager recommending award of the construction
contractforthe Bee Branch Healthy Homes (CDBG-NDR)
Housing Rehabilitation Project for 278 W. 17th Street to
the low bidder Bel Aire Home I mprovement, LLC.
RESOLUTION Awarding Bee Branch Healthy Homes
(CDBG-NDR) Housing Rehabilitation Projectfor278-W.
17th Street Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Bee Branch Healthy Homes Project at 278 W 17th City Manager Memo
Street-MVM Memo
Staff Memo Staff Memo
Resolution to Award 278 W 17th St BBHH Project Resolutions
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Healthy Homes (BBHH), Community Development Block
Grant-National Disaster Recovery (CDBG-NDR) Housing Project
#1X0086, CIP #2642690, located at 278 W 17�h Street
DATE: April 30, 2019
Sealed bids were received for the Bee Branch Healthy Homes CDBG-NDR Housing
Rehabilitation Project located at 278 W 17�h Street. City Engineer Gus Psihoyos
recommends award of the construction contract to the low bidder, Bel Aire Home
Improvement, LLC, in the amount of$277,000, which is 1 .8°k over the estimate of
probable cost.
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
Alexis M. Steger, Housing & Community Development Director
oubuque City of Dubuque
THE CITY OF
AII�A� � Housing & Community Development
DUFj E �I(I I� 350 W. 6th Street, Suite 312
Masterpiece on the Mississippi �'""��°'� Eo°PPo rux�'",�` Dubuque, IA 52001
'°'` 201 Office (563) 589-4230
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing & Community Development Director
SUBJECT: Bee Branch Healthy Homes (BBHH), Community Development Block
Grant- National Disaster Recovery (CDBG-NDR) Housing Project
#1X0086, CIP# 2642690, located at 278 W 17t" Street
DATE: April 24, 2019
INTRODUCTION
The attached resolution authorizes the award of the construction contract for the BBHH
Housing Project located at 278 W 17t" Street owned by CARICH Properties LLC.
BACKGROUND
The City has HUD CDBG-NDR Grant funding allocated to complete repairs to the
property located 278 W 17t" Street, housing (30) low to moderate income apartment
units.
DISCUSSION
The housing improvement project will include repairs to remediate past water intrusion
hazards as well as add energy efficiency upgrades, drainage systems, foundation &
roofing repairs, etc. to improve living conditions for all occupants.
BID RESULTS
Sealed bids were received on April 19, 2019, for the (30) unit structure located at 278 W
17t" Street. Bel Aire Home Improvement, LLC, submitted the low bid in the amount of
$277,000 which is 1.8% over the estimate of probable cost. A summary of the bid
proposals received is as follows:
Contractor Name Total Bid
Bel Aire Home Improvement, LLC $ 277,000.00
Ace Construction $ 289,990.00
Thatman Home Maintenance & Repair $ 370,458.00
The BBHH committee approval staff has met and reviewed the above. Staff approved
acceptance of bid pending City Council authorization and award.
RECOMMENDATION
I recommend awarding the contract for the Bee Branch Healthy Homes CDBG-NDR
Housing Rehabilitation project located at 278 W 17�h Street to Bel Aire Home
Improvement, LLC of Platteville WI, in the amount of$277,000.00.
BUDGETIMPACT
The estimate of probable cost for the project located at 278 W 17�h Street are
summarized in the following table:
Description Estimate Award
Total Construction Cost Estimate $ 272,861 .00 $ 277,000.00
The proposed project funding is summarized as follows:
CIP No. Fund Description Fund Amount
2642690 BBHH Hard Construction Cost $ 277,000.00
ACTION TO BE TAKEN
I respectfully request the City Council award the construction contract for the Bee
Branch Healthy Homes CDBG-NDR Housing Rehabilitation project located at 278 W
17�h Street to Bel Aire Home Improvement, LLC of Platteville WI, in the amount of
$277,000.00, through adoption of the attached resolution.
cc: Jenny Larson, Budget Director
Mark Schneider, ECIA- Grant Administrator
John Tharp, City Grant Administrator
Prepared by Sharon Gaul- Resiliency Coordinator
Prepared by Sharon Gaul, Housing & Community Devel., 350 W. 6th St., Suite 312 Telephone: 563-589-4230
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100
RESOLUTION NO. 171-19
AWARDING BEE BRANCH HEALTHY HOMES (CDBG-NDR) HOUSING
REHABILITATION PROJECT FOR 278 W 17TH STREET PROJECT
Whereas, sealed proposals have been submitted by contractors for the Bee Branch
Healthy Homes (CDBG-NDR) Housing Rehabilitation Project for 278 W 17th Street, (the
Project) pursuant to Resolution No. 115-19 and Notice to Bidders published on the City
of Dubuque, Iowa website and plan room service with statewide circulation on the 3rd
day of April 2019; and
Whereas, said sealed proposals were opened and read on the 19th day of April 2019
and it has been determined that Bel Aire Home Improvement, LLC of Platteville, WI with
a bid in the amount of $277,000.00 is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Bee Branch Healthy Homes Project for 278 W 17th St is hereby awarded to
Bel Aire Home Improvement, LLC and the City Manager is hereby directed to execute a
Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 6th day of May 2019.
Attest:
Kevir5. Firnstahl, CMC, City Clerk
r
Roy D. Buol, Mayor
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CARich Properties LLC
THIS DEV OPMENT AGREEMENT (Agreement) dated for reference purposes
th day of , 2019, is made and entered into by and between the
City of Dubuque, low. (City), and CARich Properties LLC (Developer).
WHEREAS, Developer is the owner of the real estate locally known as 278 W. 17th
Street, Dubuque, Iowa and legally described as follows (the Property):
The Middle One-fifth of Out Lot 473;
Lot 1 of Lot 2 of the North Two-fifths of Out Lot 473; Lot 2 of Lot 2 of
the North Two-fifths of Out Lot 473;
Lot 1 of Lot 1 of Lot 1 of the North Two-fifths of Out Lot 473; Lot 2 of
Lot 1 of Lot 1 of the North Two-fifths of Out Lot 473;
Lot 1 of Lot 2 of Lot 1 of the North Two-fifths of Out Lot 473; and Lot 2
of Lot 2 of Lot 1 of the North Two-fifths of Out Lot 473;
Subject to right of way for foot passage as described in
Warranty Deed recorded in Book 119TL page 346, and subject
to Easement filed January 30, 1981 as Instrument #583-81,
records of Dubuque County, Iowa, and
Lot 2 of Lot 6 of Out Lot 671;
Lot 1 of Lot 6 of Out Lot 671; and
The East One-half of Lot 2 of Lot 1 of Lot 4 of Out Lot 671; all in the City of
Dubuque, Iowa, according to the recorded plats of said respective
Subdivisions. (Out Lots in the City of Dubuque, Iowa are also
sometimes known, called and described as City Lots and/or as Town
Lots in the City of Dubuque, Iowa).
WHEREAS, the Property is located in the Greater Downtown Urban Renewal
District (the District) which has been so designated by City Council Resolution 104-19 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 thirty (30) unit
residential rental property 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, and fixtures in the Property (the Project); and
WHEREAS, Developer agrees to rent to low or moderate -income families,
including those with Housing Choice Vouchers; and
WHEREAS, the City Council has identified a need within the community for quality,
affordable rental housing; and
WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the
Urban Renewal Plan for the Project Area adopted on May 18, 1967 and last amended on
March 18, 2019, City has the authority to enter into contracts and agreements to
implement the Urban Renewal Plan, as amended; and
WHEREAS, pursuant to Iowa Code Section 403.22 Housing Tax Increment
Financing funds have limitations on usage for which Developer has agreed to comply;
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.
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.
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(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.
(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 March 18, 2019, 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.
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(3) The execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, and the fulfillment of or compliance with the
terms and conditions of this Agreement are not prevented by, limited by, in conflict
with, or result in a violation or breach of, the terms, conditions or provisions of the
articles of incorporation or the bylaws of Developer or any contractual restriction,
evidence of indebtedness, agreement or instrument of whatever nature to which
Developer is now a party or by which it or its property is bound, or constitute a
default under any of the foregoing.
(4) 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.
(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 June, 2019, or such other date as the parties shall agree in writing but in no event
shall the Closing Date be later than the 1st day of August, 2019. 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
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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. Developer must make a capital investment to
improve the Property of no less than $400,000. The Minimum Improvements must
include a minimum of thirty (30) residential rental units.
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 December 31, 2020. 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
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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
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 Loan.
(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, and a Loan Agreement,
to make Developer a ten (10) year zero percent (0%) interest loan in the amount
of $120,000 from funds from the Greater Downtown Urban Renewal Area.
(2) A Loan Agreement will be executed at the Closing outlining the terms and
conditions of the Greater Downtown Urban Renewal Area loan, such terms
satisfactory to the City.
3.3 Housing Tax Increment Financing (TIF) Grant.
(1)
City will provide Developer a grant of Housing TIF funds of $330,000.
(2) Developer acknowledges and understands the usage of Housing TIF funds
is governed by Iowa Code Section 403.22.
(3) Housing TIF grants are required to provide direct family housing assistance
to low or moderate -income families.
(4) Low and moderate -income families include families, including single person
households, earning no more than eighty percent of the higher of the median family
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income of the county or the statewide nonmetropolitan area as determined by the
latest United States department of housing and urban development, section 8
income guidelines.
(5) Developer will provide direct family housing assistance to low or moderate -
income families through:
a. Accepting Housing Choice Vouchers at the Property.
b. Giving low or moderate -income families priority in the application
process over non -income qualified families for units at the Property.
c. Developer shall strive to reach a goal of 80% occupancy or higher by
low or moderate -income families at the Property.
(6) Developer agrees to provide annual certifications to the City, on a form
provided by the City, related to the income of occupants at the Property. Said
certifications shall be submitted to the City by February 1 of each year.
(7) The parties recognize there may not be an income qualified family applying
for tenancy every time a rental unit is available at the Property. Developer shall
make a good faith effort to rent to low or moderate -income families.
(8) Developer may be required to show proof of good faith efforts to City, upon
request. If, after a good faith effort, Developer is unable to locate a low or
moderate -income family to rent an available unit Developer may rent to a family
which is not income qualified.
(9) The Housing TIF Economic Development Grant shall be payable from and
secured solely and only from the Low or Moderate -Income Housing TIF set-aside
fund.
3.4 All of City's obligations under this Agreement, including but not limited to City's
Obligation to make an Economic Development Loan and Housing Tax Increment
Financing Grant 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. COVENANTS OF DEVELOPER.
4.1 Minimum Improvements. The Minimum Improvements shall conform to the City of
Dubuque Downtown Design Guidelines.
4.2 [This section intentionally left blank.]
4.3 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
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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.
4.4 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.
4.5 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 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.
4.6 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
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existed prior to the event causing such damage and, to the extent necessary to
accomplish such repair, reconstruction and restoration, Developer shall apply the
Net Proceeds of any insurance relating to such damage received by Developer to
the payment or reimbursement of the costs thereof, subject, however, to the terms
of any mortgage encumbering title to the Property (as its interests may appear).
Developer shall complete the repair, reconstruction and restoration of Minimum
Improvements whether or not the Net Proceeds of insurance received by
Developer for such purposes are sufficient.
4.7 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.
4.8 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.
4.9 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.
4.10 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.
4.11 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.
4.12 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:
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(1) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan (and City represents and agrees that use of
the Property as a bar/restaurant and upper -story housing, is in full compliance with
the Urban Renewal Plan) (however, Developer shall not have any liability to City
to the extent that a successor in interest shall breach this covenant and City shall
seek enforcement of this covenant directly against the party in breach of same);
and
(2) Not discriminate upon the basis of race, religion, color, sex, sexual
orientation, 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 successor in interest shall breach this covenant
and City shall seek enforcement of this covenant directly against the party in
breach of same).
4.13 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 5. EVENTS OF DEFAULT AND REMEDIES.
5.1 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.
5.2. Remedies on Default by Developer. Whenever any Event of Default referred to in
Section 5.1 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
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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
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.
5.3 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.
5.4 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.
5.5 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.
11
5.6 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
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 6. GENERAL TERMS AND PROVISIONS.
6.1 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:
CARich Properties LLC
Attn: Chris Richards
1118 Nealmar Road
Platteville, WI 53818
Flint Drake
Drake Law Firm
300 Main Street, Suite 323
Dubuque, IA 52001
Phone: (563) 582-2000
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.
6.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit
of City and Developer and their respective successors and assigns.
6.3 Termination Date. This Agreement and the rights and obligations of the parties
hereunder shall terminate on June 30, 2039 (the Termination Date).
12
6.4 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
electronically transmitted Agreement containing the signatures (original, electronically
transmitted or faxed) of all the parties is binding on the parties.
6.5 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.
6.6 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.
6.7 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 DUB, QUE, IOWA CARICH PR.+QPERTIES, LLC
By: 0 �LBy:
Roy D. Buo Mayor Chri
Attest:
Kevi . Firnstahl
City Clerk
13
Ma Cging Member
(City Seal)
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
On this day of 20_, 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.
Notary Public
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Chris Richards, to me personally
known, who, being by me duly sworn, did say that he is Managing Member of CARich
Properties LL. the limited liability company executing the instrument to which this is
attached and that as said Managing Member of CARich Properties LLC 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
14
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
16
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.ore
Office Hours: 8:00 AM — 5:00 PM, T -W -Th
8:00 AM— 12:00 PM, F
RE:
Dear
Dubuque
Masterpiece on the Mississippi 22::
2013007 .20201217
(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
17
Very sincerely,
Barry A. Lindahl, Esq.
Senior Counsel
EXHIBIT B
OPINION OF DEVELOPER'S COUNSEL
18
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 , 2019.
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.
19
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 opinion for any matters which come to our knowledge after the date of this
letter.
Sincerely,
20
EXHIBIT C
CITY CERTIFICATE
21
Dubuque
2007 2012
Masterpiece on the Mississippi 2013.2017
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, 1 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
22
affects the validity of the Agreement or City's ability to perform its obligations under
this Agreement.
(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 Hen 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
23
Sincerely,
Michael C. Van Milligen
City Manager
EXHIBIT D
MEMORANDUM OF DEVELOPMENT AGREEMENT
24
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 CARich Properties LLC. was made regarding the
following described premises:
The Middle One-fifth of Out Lot 473;
Lot 1 of Lot 2 of the North Two-fifths of Out Lot 473;
Lot 2 of Lot 2 of the North Two-fifths of Out Lot 473;
Lot 1 of Lot 1 of Lot 1 of the North Two-fifths of Out Lot
473; Lot 2 of Lot 1 of Lot 1 of the North Two-fifths of Out
Lot 473;
Lot 1 of Lot 2 of Lot 1 of the North Two-fifths of Out Lot 473;
and Lot 2 of Lot 2 of Lot 1 of the North Two-fifths of Out Lot
473;
Subject to right of way for foot passage as described in
Warranty Deed recorded in Book 119TL page 346, and
subject to Easement filed January 30, 1981 as
Instrument #583-81, records of Dubuque County, Iowa,
and
Lot 2 of Lot 6 of Out Lot 671;
Lot 1 of Lot 6 of Out Lot 671; and
The East One-half of Lot 2 of Lot 1 of Lot 4 of Out Lot 671;
all in the City of Dubuque, Iowa, according to the
recorded plats of said respective Subdivisions. (Out
Lots in the City of Dubuque, Iowa are also sometimes
known, called and described as City Lots and/or as
Town Lots in the City of Dubuque, Iowa).
The Development Agreement is dated for reference purposes the day of
, 2019, 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 , 2019.
25
CITY OF DUBUQUE, IOWA CARich Properties LLC
By By
Roy D. Buol, Mayor Chris Richards, Managing Member
Attest:
Kevin S. Firnstahl
City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
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
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
)
)
)
SS
On this day of 20_, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Chris Richards, to me personally
known, who, being by me duly sworn, did say that he is Managing Member of CARich
Properties LLC, the limited liability company executing the instrument to which this is
attached and that as said Managing Member of CARIch Properties LLC, 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
26
EXHIBIT E
URBAN RENEWAL PLAN
27
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
28
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 Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District. The Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District was subsequently amended and restated by
Resolution 206-17, adopted on June 5, 2017, by Resolution 381-17, adopted on
December 4, 2017, and by Resolution -19, adopted on , 2019.
2
29
EXHIBIT F
CERTIFICATE OF COMPLETION
30
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 CARich Properties LLC (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:
The Middle One-fifth of Out Lot 473;
Lot 1 of Lot 2 of the North Two-fifths of Out Lot 473;
Lot 2 of Lot 2 of the North Two-fifths of Out Lot 473;
Lot 1 of Lot 1 of Lot 1 of the North Two-fifths of Out Lot
473; Lot 2 of Lot 1 of Lot 1 of the North Two-fifths of Out
Lot 473;
Lot 1 of Lot 2 of Lot 1 of the North Two-fifths of Out Lot 473;
and Lot 2 of Lot 2 of Lot 1 of the North Two-fifths of Out Lot
473;
Subject to right of way for foot passage as described in
Warranty Deed recorded in Book 119TL page 346, and
subject to Easement filed January 30, 1981 as
Instrument #583-81, records of Dubuque County, Iowa,
and
Lot 2 of Lot 6 of Out Lot 671;
Lot 1 of Lot 6 of Out Lot 671; and
The East One-half of Lot 2 of Lot 1 of Lot 4 of Out Lot 671;
all in the City of Dubuque, Iowa, according to the
recorded plats of said respective Subdivisions. (Out
Lots in the City of Dubuque, Iowa are also sometimes
known, called and described as City Lots and/or as
Town Lots in the City of Dubuque, Iowa).
(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
31
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
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of , 2019, 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