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CSB Consulting Company Redevelopment Agreement for Property at 1838 Central Avenue Copyrighted September 16, 2019 City of Dubuque Consent Items # 12. ITEM TITLE: CSB Consulting Company Redevelopmentof Propertyat 1838 Central Avenue SUMMARY: City Manager recommending approval of a Grant agreement between the City of Dubuque and CSB Consulting Company to redevelop property at 1838 Central Avenue to create three, upper-story apartments in the building. RESOLUTION Approving a GrantAgreement by and betweenthe Cityof Dubuque, lowaand CSB Consulting Company for the redevelopment of 1838 Central Avenue SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type CSB Consulting Agreement-MVM Memo City Manager Memo Staff Memo Staff Memo GrantAgreement Supporting Documentation Resolution of Approval Resolutions Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approving a Grant Agreement between the City of Dubuque and CSB Consulting Company to Redevelop Property at 1838 Central Avenue DATE: September 11, 2019 Economic Development Director Jill Connors recommends City Council approval of a Grant agreement between the City of Dubuque and CSB Consulting Company to redevelop property at 1838 Central Avenue to create three upper-story apartments in the building. The proposed Grant Agreement provides a grant of $10,000 per unit (for a total of up to $30,000) for apartments that meet the City of Dubuque Housing Rehabilitation Standards and have received a certificate of occupancy. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Dubuque Economic Development Department THE CITY OF � 50 West 13th Street All•AmericaCity Dubuque,lowa 52001-4864 U� � "A¶ONA""`"�'�"� Office(563)589-4393 , I I�I TTY(563)690-6678 http://www.cityofdu buq ue.org 2007*2012*2013 Masterpiece on the Mississippi 2oi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Approving A Grant Agreement between the City of Dubuque and CSB Consulting Company to Redevelop Property at 1838 Central Avenue DATE: September 5, 2019 INTRODUCTION This memorandum presents for City Council consideration and action the attached resolution approving a Grant Agreement between the City of Dubuque and CSB Consulting Company. BACKGROUND The Economic Development Department offers a Housing Creation Grant to eligible projects in the Greater powntown Urban Renewal Area to create rental residential units where they did not previously exist or where the units have been vacant for a minimum of three years. This program has successfully increased the number of quality rental residential units in the downtown area. DISCUSSION The property at 1838 Central Avenue is a mixed-use building with a storefront on the ground level and upper story apartments. The apartments have been vacant for more than three years and the storefront has only recently been filled by a local business. CSB Consulting Company, owned by Craig Beytien, has applied for a Housing Creation Grant to assist with the creation of three upper-story apartments in the building. The project will create three apartments. While it is not a condition of this program, the intent of the developer is to make these income restricted units as required through other funding sources. The proposed Grant Agreement provides a grant of$10,000 per unit (for a total of up to $30,000) for apartments that meet the City of Dubuque's Housing Rehabilitation Standards and have received a certificate of occupancy. Additional terms and conditions are included in the attached Grant Agreement. This project aligns with the City Council goal of creating livable neighborhoods and housing, with a focus on revitalizing the Central Avenue Corridor. RECOMMENDATION/ ACTION STEP I recommend the City Council adopt the attached resolution approving the Grant Agreement between the City of Dubuque and CSB Consulting Company for the redevelopment of 1838 Central Avenue. z 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. 332-19 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND CSB CONSULTING COMPANY FOR THE REDEVELOPMENT OF 1838 CENTRAL AVENUE Whereas, CSB Consulting Company has applied to the Economic Development Department for a Housing Creation Grant (the Grant) for the redevelopment of 1838 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, the Project is eligible for the Grant; and Whereas, it is the determination of the City Council that approval of the Grant Agreement, for redevelopment of the Property by CSB Consulting Company according to the terms and conditions set out in the Grant 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 Grant Agreement by and between the City of Dubuque and CSB Consulting Company, a copy of which is attached hereto, is hereby approved. Section 2. That the. Mayor is hereby authorized and directed to execute the Grant 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 Grant Agreement as herein approved. Passed, approved and adopted this 16th day of September 2019. Attest: Kevj i S. Firnstahl,City Perk F:\Users\tsteckle\Lindahl\Resolutions\Resolution Approving GA 1838 Central_090519.docx Roy D. Buol, Mayor GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATION GRANT PROGRAM BETWEEN THE CITY OF DUBUQUE, IOWA AND CSB CONSULTING COMPANY THIS GRANT AGREEMENT (the "AgreemenY'), dated for reference purposes the day of , 20_, by and between the CITY OF DUBUQUE, IOWA, a municipality established pursuant to the Code of lowa (the "City") and acting under the authorization of Chapter 403 of the Code of lowa (the "Urban Renewal AcY') and CSB Consulting Company, ("Grant RecipienY'). WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken a program for the development and redevelopment of an area in City known as the Greater powntown Urban Renewal District (the "DistricY'), an urban renewal area established pursuant to the Urban Renewal Act, and in connection therewith has established the Downtown Rehabilitation Grant Program (the "Program"); and WHEREAS, Grant Recipient intends to complete the renovation and rehabilitation of a building located on property within the District legally described as follows: The South 26 feet of the Middle 1/5th of Out Lot 436 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Town of Dubuque, lowa; locally known as 1838 Central Avenue, Dubuque, lowa (the "Development Property"), which shall include various improvements to the building, as more specifically detailed in Grant RecipienYs application to the Program; and WHEREAS, Grant RecipienYs renovation and rehabilitation of the Development Property is referred to herein as the "ProjecY'; and WHEREAS, the Development Property has not had residential tenants in the three years prior to the date of this Agreement, thus making it eligible for a Housing Creation Grant; and WHEREAS, Grant Recipient previously applied for a Housing Creation Grant for the Project from City under the Program in amounts collectively up to Thirty Thousand Dollars ($30,000) the terms of which are set forth in this Agreement; and WHEREAS, City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. 090419ba1 NOW THEREFORE, in consideration ofthe promises and obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: SECTION 1. MINIMUM IMPROVEMENTS. 1 .1 . Required Minimum Improvements. Grant Recipient shall improve the Development Property as follows: Create three 2-bedroom rental residential units, complying with the City of Dubuque Housing Rehabilitation Standards as indicated in Exhibit A (the "Minimum Improvements"). The Minimum Improvements shall be completed in substantial conformity with the scope and scale described in Grant RecipienYs application to the Program attached hereto as Exhibit B. 1 .2. Completion of Minimum Improvements. Grant Recipient shall complete construction of the Minimum Improvements by December 31 , 2019. City shall determine in its sole discretion (following an inspection by City's Building Services Department and/or Housing & Community Development Department, and/or Planning Department) when the Minimum Improvements have been completed. In order to be considered completed, the Minimum Improvements must be constructed in accordance with the terms of this Agreement, in compliance with the regulations of the Downtown Rehabilitation Grant Program, and in substantial conformity with Grant RecipienYs application to that Program and the Design Letter attached hereto. 1 .3 Certificate of Completion. Promptly following the request of Grant Recipient and upon determination of the City Manager that the Minimum Improvements have been completed as required by Section 1 .2 of this Agreement, the City Manager shall furnish Grant Recipient with the Certificate of Completion in the form attached as Exhibit C and shall be a conclusive determination of the satisfaction and termination of the agreements and covenants in this Agreement. 1 .4. Construction of Minimum Improvements. Grant Recipient shall complete all work with respect to construction of the Minimum Improvements in conformance with all requirements of the Program, this Agreement, and all federal, State, and local laws, ordinances, and regulations. 1 .5. Insurance. (1) Grant Recipient shall provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of City, furnish City with proof of insurance in the form of a certificate of insurance for each insurance policy): 2 All risk builder's risk insurance, written on a Completed Value Form in an amount equal to one hundred percent (100°k) of the replacement value of the Development Property when construction is completed; (2) Upon completion of construction of the Minimum Improvements and up to the Termination Date, Grant Recipient shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of City shall furnish proof of insurance in the form of a certificate of insurance) all-risk property insurance against loss and/or damage to the Development Property under an insurance policy written in an amount not less than the full insurable replacement value of the Development Property. The term "replacement value" shall mean the actual replacement cost of the Development Property (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be reasonably determined from time to time at the request of City, but not more frequently than once every three (3) years. (3) Grant Recipient shall notify City immediately in the case of damage exceeding $50,000.00 in amount to, or destruction of, the Development Property or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net Proceeds), shall be paid directly to Grant Recipient as its interests may appear, and Grant Recipient shall forthwith repair, reconstruct and restore the Development Property to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Grant Recipient shall apply the Net Proceeds of any insurance relating to such damage received by Grant Recipient to the payment or reimbursement of the costs thereof, subject, however, to the terms of any mortgage encumbering title to the Property (as its interests may appear). Grant Recipient shall complete the repair, reconstruction and restoration of the Development Property whether or not the Net Proceeds of insurance received by Grant Recipient for such Purposes are sufficient. SECTION 2. FURTHER COVENANTS OF GRANT RECIPIENT. 2.1 . Operation of Development Property; Housinq Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, Grant Recipient shall accept, or cause to be accepted, applications from prospective tenants with housing choice vouchers (issued under the U.S. HUD's Section 8 voucher program or a similar program) that are otherwise qualified prospective tenants. 2.2. Real Propertv Taxes. Grant Recipient shall pay or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Development Property. 3 2.3. No Other Exemptions. Until the Termination Date, Grant Recipient agrees not to apply for any state or local property tax exemptions, except for an application for urban revitalization tax abatement under lowa Code Chapter 404 and 427, which are available with respect to the Development Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement. 2.4. Non-Discrimination. In carrying out the Project, Grant Recipient shall not discriminate against any employee or applicant for employment or tenant because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. SECTION 3. CITY PARTICIPATION. 3.1 . Downtown Housinq Creation Grant. (1) City agrees to provide to Developer, on the terms and conditions set forth herein, a Housing Creation Grant (the Grant) in an amount equal to Ten Thousand Dollars ($10,000) for each apartment in the Project for which a Certificate of Occupancy from the City of Dubuque is issued, but not to exceed a total Grant of Thirty Thousand Dollars ($30,000). (2) The final amounts of the Grant shall be determined based upon the number of eligible units receiving a Certificate of Occupancy from City. 3.2. Pavment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any Grant funds under Section 3.1 , City shall have determined that the Project is substantially complete, as required by Sections 1 .2 and 1 .3; and (3) The Grant funds shall be disbursed directly to Grant Recipient. SECTION 4. EVENTS OF DEFAULT; REMEDIES. 4.1 . Events of Default Defined. Failure by Grant Recipient to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement shall be an "Event of Default." 4.2. Remedies on Default bv Grant Recipient. Whenever any Event of Default occurs and is continuing, City, as specified below, may take any one or more of the following actions after the giving of written notice by City to Grant Recipient of the Event of Default, but only if the Event of Default has not been cured within thirty (30) days following such 4 notice, or if the Event of Default cannot be cured within thirty (30) days and Grant Recipient does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: (1) City may suspend its performance under this Agreement, including suspension of the payment of any installment of the Grant to Grant Recipient, until it receives assurances from Grant Recipient deemed adequate by City, that Grant Recipient will cure its default and continue its performance under this Agreement; (2) City may terminate this Agreement; or (3) City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 4.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 4.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. SECTION 5. MISCELLANEOUS. 5.1 . Conflict of Interest. Grant Recipient represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of City, or its designees or agents, nor any consultant or member of the governing body of City, and no other public official of City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. 5.2. Grants, Notices, and Demands. A Grant payment, notice, demand, or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and 5 (1) In the case of Grant Recipient, is addressed or delivered personally to CSB Consulting Company, 1838 Central Avenue, Dubuque, IA 52001 ; and (2) In the case of City, is addressed to or delivered personally to the City of Dubuque at City Hall, 50 W. 13th Street, Dubuque, IA 52001 ; Attn: City Manager and City Attorney. or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 5.3. Titles of Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 5.4. Definitions. All capitalized terms used herein shall have the meaning defined herein, unless a different meaning clearly appears from the context. 5.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 5.6. Governinq Law. This Agreement shall be governed and construed in accordance with the laws of the State of lowa. 5.7. Amendment. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. 5.8. Successors and Assiqns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.9. Termination Date. This Agreement shall terminate and be of no further force or effect upon issuance of the Certificate of Completion and payment of the Grant as provided in Section 3, unless the Agreement is terminated earlier by the other terms of this Agreement. 5.10. No Third-Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, tenant, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third-party beneficiary of any of the provisions contained in this Agreement. 5.11 . Indemnification. Grant Recipient hereby agrees to defend, indemnify and hold harmless City against any claims made by Grant Recipient, or any third party relating to or arising out of this Agreement, including costs, expenses, or attorneys' fees. 6 5.12. No Assiqnment; Non-Transferabilitv. Following the execution of this Agreement and until the Termination Date: (1) Grant Recipient represents and agrees that it will not transfer, convey or make any assignment of any of its rights or interests in the Development Property, Minimum Improvements, or this Agreement to any other party unless: (i) the transferee partnership, corporation, or individual assumes in writing all of the obligations of Grant Recipient under this Agreement, and (ii) City consents thereto in writing in advance thereof; and (2) Grant Recipient represents and agrees that it will not assign its rights or interests in this Agreement, including the Grant, to any other party unless City consents thereto in writing in advance thereof. CITY OF DUBUQUE, IOWA CSB CONSULTING COMPANY By: Roy D. Buol, Mayor Printed Name ATTEST: Kevin S. Firnstahl, City Clerk F:\USERS�isteckle\LindahlWgreements\1838 Central Grant Award Agreement_090419bal.docx 7 EXHIBIT A CITY OF DUBUQUE HOUSING REHABILITATION STANDARDS 8 Proposed Property Renovations at1838 Central Avenue with adherence to CITY OF DUBUQUE HOUSING REHABILITATION STANDARDS � ` ��� �::r Submitted with respeR by 6B Consulting, Pmperty Owner CSB Consulting 1838 Central Avenue Dubuque, lA 52001 June 10, 2019 , � , 9 1. 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Onry e lew erees uAI I re¢�rve mryA,ell 13. mnWvva`awmireanelmine�w�ianmusaeme.amvmmz9mmmae asuqemare mumre.mw�sw'�sumzasnairemini�inmawuvemmm vnepmvad eee�iuexmeemevmamvemaw���artnmmn m rveemvavmpreaay. wsey . vepa�mnsmd.emnmvne.d.�m.mirv�mmamsars. 1� �tl��, P�.v���.ti�,�_,n .� �,,,R,�,�,N � .�,�.� e .� ,.�mvaM��, �.��,m,��a,.�sm� �ma�„�.�,��re��.,�,�a..�, �a�,�,� ..�a�,..a....ma..�� ,,��a_,�m� � a��, e��,mm�,�,o,ro�e �,�e�e��,�,�R � ;�;Po�w,m°�w�.e;���e����eattw�v�,n�re�e„se.e�e,o„�e�,� rea,�a,�,�n�o P�e„aa,e.��m� �am,��.e�,��,��� .a�� m„N� w����dP,��a„�ew�.1m� ��oE.��„A�,, A�,�.a��aa. e w�,�y�������am����v ����m .,�.o��.,��m a�me���.��a.�a�ams�aim°ii��msM��.ai��� e . s..���..a.�a,�a�,w.a,aia„M��:.E.,,�,�i��,ro.rya.���. °a°¢«i�,°�"��:�m�;����"awa°���°�������,�re�mm°�mn. <w�,�.ewm.�..�.d.a��.�A�e,mrea„�.�,e,.�s�a�re.�.x� miqece icnomageew wereaimneonane, .mippeeenereemmee.nmontemngmn �aPegs 18 « i= �; s 19 EXHIBIT B GRANT APPLICATION 20 �� � ���m,�w �UB � E '�I����(' ��;°:.'�'aw.� Masicipiccem� N�eMisliappi „,.,,,, CRy ofOUEuque, lowa Oaw�rtown Housing Incen[rve APPLICNTION ��o�v�e°ia°w�tnwm�m�mmaie�uQue.�iw�alwil wxi'�n�Mme qpavv mu ee rere�ree q qe omwnmi m a.az ry m mv xim euairyne wM�a�re sudmree m i. apmenemqeappawnwsnpenmepqmai NemeNPml��l plJifiertntfiomeas�e�oe ea. � vn❑ wn m�o.�.•.o+rs-�ea'o.ememArmeww�so..�=.nm. ��-�•J - 21 oowxlowx xousixs assisraxce aaaucariox �=�n�m nmuusortreMreunewrennw..anoqnn. vievsearcx wmime .e o��o❑ w�. nin�-�oaim° ��n fire ns`r�� maem+ae,e�o�.,�ee,ea����ms.��� � x�m ce,ar�mn,o.<a m�,�m wo mo.e�m„ aro 00o ee,��,�=e�a��t «nre, om�.,nW,�re=m �a,w�. �+`�i�� Knm�: rirem,no,ai..w�e,.�e�e�e,w�.e.�me�.��n� ..� zz oowxlowx xousixs assisraxce aaaucariox :,iP� a.m�mo�`H .rnooume ,,, ,� , ,,��, � e oe ,,, e , �„ o.,e,,,,,, . a,,,�.� ,,.� w v��+n�ka2nedi�uono�anmaune +���� vmu] rvo❑ creane. °f��ewiz�qveaxa�«svnex�awicni ym❑ rvo� recrvyof <�c}aa nmmecrareo� vmu] rvo❑ propen�inouweue. aee wmm�ip imemi m om vn❑ rvox0 !/�m mnaiwceunemee esaea�mc eagpyy�p(E.)n 23 oowxlowx xousixs assisraxce aaaucnnox uaina.��� CTyo, mvecem .�a,m�ao� ���a��,���.��om. .�:o'`�oo"" ,o�meama�p,oa.nPomnymm��nm �e� e��a,���,,. .e,o " Hoo"' wA;o ` r i,an�,�9 v.ow=�e. m see,�o�e„oere .. ��e�n wtte n�n a, n,�m�n,.nnum��o�. P�e„e,rc,�n r,.,o ��❑ m. ,o�,.p�ro,�,,,n,mmr„arummeeme rm❑ No.o wnivm��mi ���mb.�.�n�wm+�,m�oo�.. rm.� rvo❑ rHai�,,,n�a�ne.ea,�.,mrno„ oieor.,�n,a,,,�.�,e�d�� ia� amaaaa �errvo .wee�a n .ee,a.�n�eo�on�mn„mr.mm,.� m. fmo, ia�m.mi ��ma�n,ar�+�= �❑ rvo❑ o�maaam�a,�w.a�.marc�.rea. rm❑ rvo.� 24 oowxlowx xousixs nssislnxce aaaucariox o�maaaann..aea�xnre�a�e. ra,.❑ rvo❑ ueaErnnommOewlopmenlIXpe�men5 W W.1�Sbe&� 2$ oowxlowx xousixs assisraxce aaaucariox Certification 4 cemrymauwmornavesomeownersnipm me rouowme iinorpropemes m me mry m wo�a�� naar�s mm�...,.wre mo,.,.,�.,�io..o�,.w�kn oww�.� n me ow�eror , i mnrcymat a�l pmpeM m me Giyo!oubuQue�rtlai �own ortn xnlrn � nave any I��4 o��e���an Ne Pmlect, mmpll¢xM aIl appltraole cIry W ououeue oNlnanms and regula�lons, InGuding, bN w�llml�ed�o, �ousing, �uAding, mnlnq fire, neai�n, a�a�aram�a aea�ao�ea owiamg reywatio�s. i r�nne�aepo�ma�me:ie���re oeiow�i: my o�p�ocer:ia�a��re. oae: sig�awre — me �rvo nauaiq coumy My mmmmlm em� 26 OOWMOWH HOUSING ASSISiFHCE APPIICPiION y4' Sq' . 1 � _ �N� t � I F�'�L��bet*. � * ' �&i1.F � � w � � d 'Y � H A�yI +�1 �S� iI3 '•. IL� Ic4 2� EXHIBIT C CERTIFICATE OF COMPLETION 28 CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, lowa, a municipal corporation (the "Grantor"), has granted incentives to CSB Consulting Company (the "Grantee"), in accordance with a Development Agreement dated as of [Date] (the "AgreemenY'), certain real property located within the Greater powntown Urban Renewal District of the Grantor and as more particularly described as follows: The South 26 feet of the Middle 1/5th of Out Lot 436 in the City of Dubuque, lowa, according to the United States Commissioners' Map of the Town of Dubuque, lowa; locally known as 1838 Central Avenue (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 1 .3 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 County 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 29 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: Mike Van Milligen, City Manager STATE OF IOWA ) ) SS COUNTY OFDUBUQUE ) On this _day of , , before me, the undersigned, a Notary Public in and for the State of lowa, personally appeared and acknowledged said execution of the instrument to be his/her voluntary act and deed. Notary Public in and for Dubuque County, lowa 30