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1990 Resolution No. 7-90 Selection of Blue Moon Development( RESOLUTION NO. 7 -90 RESOLUTION DESIGNATING A DEVELOPER FOR THE DOWNTOWN HOTEL PROJECT WHEREAS, the City of Dubuque, Iowa, desires the redevelopment of the area known as Block 14 in Dubuque Downtown Plaza ("property") as a downtown hotel facility in order to achieve the objectives of the Downtown Urban Renewal Plan and to assure the appropriate development of adjacent areas; and WHEREAS, pursuant to a Request For Qualifications, four potential developers submitted responses which responses have been duly considered by the City Council of the City of Dubuque, Iowa; and' WHEREAS, the City Council has determined that the qualifications and preliminary development concept of Blue Moon Development Company of Johnstown, Pennsylvania, are most appropriate for the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Blue Moon Development Company of Johnstown, Pennsylvania, is hereby designated as the developer for the downtown hotel project. Section 2. That during the period commencing on the date of the adoption Of this resolution and for 90 days thereafter or mutually agreed upon extension thereof, the City d the developer will jointly finalize the nature and costs Of a hotel development project including design and financing of said project, and will negotiate exclusively and in good faith with each other to develop a plan for redevelopment of the property for a hotel facility for implementation according to Chapter 403 Code of Iowa, Urban Renewal Law. Section 3. That this resolution does not convey nor is it intended to convey any right, title, or other interest in property. Section 4. That the designation of Blue Moon Development Company as developer is subject to all representations made by said company and to the presentation by the developer of a good faith deposit in the amount of ten thousand dollars ($10,000) which deposit shall be in the form of a cashier's check or irrevocable letter Of credit. Said deposit shall be returned to the developer only upon a finding by the City Council that the project will not proceed through no fault of the developer. -2 - Section 5. That the developer shall acknowledge its approval and acceptance of the provisions of the resolution by endorsing its acceptance below. Passed, adopted and approved this 75th day of January ATTEST: Mary Ata: Davis, City Clerk , 1990. ACCEPTANCE es E. Brady, Mayor The provisions of this resolution are hereby approved and accepted by Blue Moon Development Company, Johnstown, Pennsylvania. /~, /s-- 70 Date Wi||ia: D. Renton, President CITY OF DUBUQUE, IOWA MEMORANDUM January 12, 1990 TO: The Honorable Mayor and Members of City Council W. Kenneth Gearhart,'� FROM:City Mana er g ��� SUBJECT: Selection of Hotel Developer INTRODUCTION The purpose of this memorandum is to report on the responses to the City Council's request for refinement of proposals from prospective developers of a downtown hotel project. This memorandum also presents for your consideration and adoption a resolution designating a developer for the project. BACKGROUND On December 1, 1989, the City Clerk received four responses to the City Council's Request For Qualifications to develop a downtown hotel project. The prospective developers made presentations on December 12th and the City Council discussed the proposals at its December 18th meeting. After its discussion at the December 18th meeting, the Council determined that each developer should be given additional time to resolve issues related to the market for a downtown hotel project. City staff was directed to advise the developers of this and to request that a Letter of Intent refining the proposals be submitted prior to the Council's January 15th meeting. Staff advised the developers of the Council's action on December 19, 1989. DISCUSSION As of this date, the staff has had a follow-up contact with each of the developers. Three of the developers -- Select Development, Ryan Construction and Realsource -- have advised that they do not wish to pursue the project at this time. The fourth developer, Blue Moon Development Company, has submitted the attached Letter of Intent in response to the Council's request. They have advised that they wish to proceed with the project in an expeditious manner. They will be present at the Council meeting of Monday, January 15, 1990, to answer any questions the Council may have•regarding their proposal. In light of the response from developers, the staff has prepared a resolution providing for the Council's designation of Blue Moon Development Company as developer of the project. This resolution establishes a 90 day period during which the City will work exclusively with Blue Moon to finalize a hotel project. Title to the land is not conveyed. This can only occur after the disposition -2 - requirements of the Urban Renewal Law are fulfilled. The resolution also provides that designation of Blue Moon is subject to all the representations they have made and to submission of a $10,000 good faith deposit. RECOMMENDATION The staff recommends that the City Council designate Blue Moon Development Company as the developer for the downtown hotel project. Based upon their submissions and revised Letter of Intent they appear to be both capable and willing to develop the kind of project the Council has envisioned. Once the Council has acted to designate a developer, the staff can proceed to refine the project with the company and bring forward a proposal to dispose of the property. ACTION STEP The action step is for the City Council to receive and file this communication and the communication of Blue Moon Development Company and to adopt the attached resolution. WKG:kak Attachment Prepared by -James D. Burke, Director of Community and Economic Development IRN 11 '90 1E:37 THE HPFDHRT GPOUF P.E/7 kw Moon Development Company 400 Luray Avenue Johnstown, Pennsylvania 15904 Phone (814) 269-3939 January 10, 1990 Mr. James D. Burke & Dubuque City Council City of Dubuque Dubuque, Iowa 52001 Gentlemen, In response to your request of December 19, 1989, we would like to submit the following Letter of Intent concerning the development of the downtown hotel site. This proposal is based on the results of the market study we were able to successfully conduct over the past four weeks. 1. We incorporate #2, #3, #5, #6, #7 and #8 of our December 18, 1989 proposal letter by reference. 2. Developer will build a 200 room Clarion hotel an the project site, consisting of 135 double doubles, 55 kings, and 10 executive whirlpool suites. The hotel will include a full service restaurant with formal dining facilities, meeting and banquet facilities for up to 400 persons, an indoor swimming pool, exercise room, newsstand and gift shop, game room, sur deck, and walkway to the Five Flags Convention center. 3. The Clarion Dubuque will be a luxury full service convention hotel, of which none currently exist in the Effective Market Area. First year single occupancy room rates are expected to range from $54 to $90 (for the suites), and averaging slightly over $61. This compares with existing single occupancy room rates in Dubuque ranging from $23 to $75 per night (with 19% of the rooms in the Effective Market Area currently bringing $48 or higher) and an average daily room rate of $43.23. 4. The Clarion franchise is the luxury hotel segment offered by Quality International. There are currently 48 Clarion Hotels worldwide with an additional 9 under construction or development. Attached to this proposal is a letter of commitment from Quality International approving the award of a franchise to us for Dubuque (subject to final review of the architects plans). 5. Total project costs are anticipated to range from 8.5 to 9.0 million dollars. The City will provide 2.5 million dollars and we will provide 20% to 25 of the remaining costs as equity. A lender or consortium of lenders will provide the remainder. We reiterate our offer to post a bond in the amount of $50,000 guaranteeing our funds and our ability to secure a lender. 6. we request the city to assist us in obtaining permits, designing traffic flows, providing city services in a timely manner, and helping control and reroute traffic during the construction phase when needed. m JRN 11 'qp 1E:'36 THE HRRJJHRT GROUP F'.3/f 7. A revised site plan is provided, showing the relocated skywalk to the Convention Center. As an alternative, we will consider an underground walkway for aesthetic purposes. 8. We will guarantee an opening no later than. April 30, 1991 assuming we can work out an agreement with the City in the near future. We will post the $50,000 bond as soon as an agreement is reached and will pledge it to the City as liquidated damages in the event we do not complete the hotel in accordance with the schedule. We are prepared to set the wheels in motion for the Clarion Dubuque. If the conditions outlined in this Letter of Intent are acceptable, we can use this Letter of Intent as our Agreement in Principal. We will be at the meeting Monday night in. with Counsel to discuss this proposal in detail and if possible, to sign an Agreement in Principal for the development of the downtown hotel site. cerely, William D. President W66146.1 Renton We have read and reviewed the terms outlined in The Hardhat Group Letter of Intent, and agree in principal to enter into a formal Agreement with the Developer for the development of the downtown hotel site. The City agrees to negotiate exc1usive1y with said Developer until such time as an Agreement is reached. Tecretary date City of Due Y; TAN 11 '0 14:38 THE HARDHAT GROUP Blue Moon Development Company 400 Luray Avenue Johnstown, Pennsylvania 15904 Phone (814) 269-3939 P.4/7 December 18, 1989 Mr. James D. Burke Director of Community and Economic Development City of Dubuque Dubuque, Iowa 52001 VIA FAX Dear Jim, 1 spoke to Mayor Brady last night about the status of the proposals made last week before the Review Board. He seems frustrated and disappointed the Board was not able to obtain a firm proposal, acceptable to the Board and with no contingencies, for the development of the site. We would like to both address and clarify that issue now. During our presentation last Tuesday we spoke of our need for a market study specific to the proposed Clarion Dubuque in order to determine the feasibility of the project. This is a standard requirement in planning and developing a hotel. We have reviewed a copy of a locally commissioned market study, dated March 21, 1989, which states that a project is feasible in the 150 to 200 room range with occupancies ranging from 56% to 73%. The City of Dubuque has pledged to provide funds to support the ancilliary facilities a downtown hotel would require. we have decided therefore, based on the information in the existing study, to make a firm commitment to build a hotel on the downtown hotel site, We offer the following terms for your consideration: 1. Blue Moon Development Company (Developer) agrees to build the Clarion Dubuque, a full service convention hotel complete with indoor pool and meeting reoms, on the downtown hotel site. 2. The structure will be similiar in scope to Option #1 in Developer's presentation and will include a parking garage suitable for parking in excess of 250 automobiles. Because the site is located in a historically sensitive area, the Developer requests the City to approve the exterior design and appearance of the building prior to construction. 3. Developer agrees to pursue permitting and construction in a diligent manner with the anticipation of a scheduled groundbreaking no later than May, 1990 and an opening date no later than April, 1991. • JAN 11 ''30 1E:39 THE HARDHAT GROUP F./7 4. The facility will include a minimum of 150 sleeping rooms and as many as 244 rooms. The actual number of rooms will be determined within 30 days of the acceptance of this proposal. Developer reserves the right to build additional rooms on the site at a later date so long developer provides (at its expense) one parking space for each sleeping room added. 5. The City agrees to provide the real estate at a net nominal cost to the Developer (after allowances for easements or rights-of-way to the City). The City warrants that there are no adverse environmental problems with the site, 6. The City agrees to provide as much as $400,000 to the Developer for the design and construction of either a tunnel or aerial walkway connecting the Clarion Dubuque with the Civic Center. 7. The City will make available to the project an additional $2,100,000 for use in site development and construction of parking and meeting facilities. These funds will be disbursed at the rate of $1 per every $3 in total project costs invested by the Developer, with the final $210,000 of the amount to be retained by the City until an occupancy permit is issued by the City. 8 The Developer requests the abatement of any taxes which might otherwise be assessed during the construction phase of the project. Please make copies of this letter and distribute then to the Review Board. We are looking forward to working closely with the City on this project. I will be available at home tonight (814-266-4998) to answer any questions which may arls. Sincerely, (ezidirr, William D. Renton President JRN 11 '50 1E:40 THE HRRDHRT GROUP January 5, 1990 Mr. William D. Renton The Hardhat Group 400 Luray Avenue Johnstown, PA 15904 Dear Mr. Renton: IternainiCga J. Edward Shaw Vic,, President Development, Mid -Western Regain It has been a'pleasure working with you on the development of the Clarion Hotel and Convention Center in Dubuque, Iowa. We believe that this is an excellent opportunity and we are very excited about being included in this project. Quality International has given preliminary approval and will grant a Clarion Hotel franchise to you or the designated entity being formed for the purpose of owning and operating this otel. This commitment is subject to approval by Quality International of the final plans and specifications for the proposed Clarion Hotel. I look forward to working with you on this project. Please contact me if you have any questions or when you are ready proceed with this project. Director of Development JES/kb 2000 Worth Racine/Chicago, Illinois 606141(312) 477-511 AX (312).327-7679 , JRN 11 ' 90 1E : 40 THE HRRLJHRT GROUP 4 �c raA41.1) n'i+v .r.rb:t c:wrrN 6.. I .1 P.7/7 , ,r#0.1611)/ i sa•Jt+d+f Y r•: tot:i r.r4 •‹ 174 -Cr+`7 Z e v...0'7 •&‹,.. iU6 5 e,ft—T74) 11 . 11111 Spil P. Ur,! al Ili ITF1 1.20 J <.;;) \\ A,. 4:t."7 E 6i TPte 1-les1'+-t,:at-1.,,t Get, a _ :+11:1 '. r, tNI The Hardhat Group 400 Luray Avenue Johnstown, Pennsylvania 15904 Phone (814) 269-3939 December 22, 1989 Mr. James D. Burke and the City Council City of Dubuque Dubuque, Iowa 52001 Gentlemen, I have received your correspondence of December 19th detailing the events of the council meeting the previous night. The items requested in your letter appear, in essence, to be the same items we have already submitted in our proposal of December 1st, our oral presentation of December 12th, and our specific proposal letter of December 18th. In this respect, we are pleased that we have met all the requirements of the City Council in a timely fashion. This request, however, has raised a number of concerns of which we would like to make you aware. First, it can be assumed that the other three developers who still may be under consideration will have the advantage of the information in our proposal with which to structure their "final" letters -of -intent, This seems to provide an unfair advantage to the other three developers. Second, we have demonstrated our responsiveness in structuring our proposal to conform with the needs and desires of the City. We hope you will interpret this as an indication of y' our willingness and our flexibility in working with you on this project. Conversely, other developers are being given a second chance because they may not have put forth the necessary time or effort to properly prepare their proposals. Again, we do not feel we should be penalized because we were able to put together a proposal along the guidelines set by the City Council. We intend to use the additional time allocated by the Council to perform a market study for the Clarion Dubuque. This study will recommend the optimum amount of rental rooms for the project, a suggested ADR, and indicate the type of room mix and amount of suites (if any) needed to compliment the project. It will also identify our target markets more clearly. The Council will have had four weeks to consider our proposal and timetable to develop the downtown hotel site. We would hope that, on January 15th, the City will agree to proceed with our proposal in order to meet the construction deadlines established in our letter of December 18th. Sincerely, atto,),454-Aq William D. Renton President The Hardhat Group 400 Luray Avenue Johnstown, Pennsylvania 15904 Phone (814) 269-3939 December 22, 1989 Mr. James D. Burke and the City Council City of Dubuque Dubuque, Iowa 52001 Gentlemen, r I have received your correspondence of December 19th detailing the events of the council meeting the previous night. The items requested in your letter appear, in essence, to be the same items we have already submitted in our proposal of December 1st, our oral presentation of December 12th, and our specific proposal letter of December 18th. In this respect, we are pleased that we have met all the requirements of the City Council in a timely fashion. This request, however, has raised a number of concerns of which we would like to make you aware. First, it can be assumed that the other three developers who still may be under consideration will have the advantage of the information in our proposal with which to structure their "final" letters -of -intent. This seems to provide an unfair advantage to the other three developers. Second, we have demonstrated our responsiveness in structuring our proposal to conform with the needs and desires of the City. We hope you will interpret this as an indication of our willingness and our flexibility in working with you on this project. Conversely, other developers are being given a second chance because they may not have put forth the necessary time or effort to properly prepare their proposals. Again, we do not feel we should be penalized because we were able to put together a proposal along the guidelines set by the City Council. We intend to use the additional time allocated by the Council to perform a market study for the Clarion Dubuque. This study will recommend the optimum amount of rental rooms for the project, a suggested ADR, and indicate the type of room mix and amount of suites (if any) needed to compliment the project. It will also identify our target markets more clearly. The Council will have had four weeks to consider our proposal and timetable to develop the downtown hotel site. We would hope that, on January 15th, the City will agree to proceed with our proposal in order to meet the construction deadlines established in our letter of December 18th.° Sincerely, William D. Renton President