Loading...
Assignment of Grant Agreement - 1575-1577 Washington Street_Mozena, Real Property Inventments, LLC Copyrighted October 5, 2020 City of Dubuque Consent Items # 6. City Council Meeting ITEM TITLE: Assignmentof GrantAgreement- 1575-1577 Washington Street SUM MARY: City Manager recommending approval of the Assignment of the Grant Agreement with Gabriel Mozena for the property located at 1575-1577 Washington Streetto Real Property Investments, LLC. RESOLUTION Consenting to the Assignment of the GrantAgreement between the City of Dubuque and Gabriel Mozena from Gabriel Mozena to Real Property Investments, LLC SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type 1575-1577 Washington Street Assignment of Grant City Manager Memo Agreement-MVM Memo Staff Memo Staff Memo Assignment of Grant Agreement Supporting Documentation Resolution Resolutions Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e 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: Assignment of Grant Agreement with Gabriel Mozena to Real Property Investments, LLC to Redevelop Property at 1575-1577 Washington Street DATE: September 29, 2020 Economic Development Director Jill Connors recommends City Council approval of the Assignment of the Grant Agreement with Gabriel Mozena for the property located at 1575-1577 Washington Street to Real Property Investments, LLC. All terms and conditions of the Grant Agreement will remain in place. 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 Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Dubuque Economic Development Department THE CITY OF � 1300 Main Street All•America Eity Dubuque,lowa 52001-4763 �� � "h�N",`��nz�'��:�:��� Office(563)589-4393 1 I ��� TTY(563)690-6678 http://www.cityofd u bu q ue.org zoo�=zoiz*zo�3 Masterpiece on the Mississippi �oi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Assignment of Grant Agreement with Gabriel Mozena to Real Property Investments, LLC to redevelop property at 1575-1577 Washington Street DATE: September 23, 2020 INTRODUCTION This memorandum is a request for the City Council to approve the Assignment of the Grant Agreement with Gabriel Mozena for the property located at 1575-1577 Washington Street to Real Property Investments, LLC. BACKGROUND On September 8, 2020 the City Council approved a Grant Agreement with Gabriel Mozena for the creation of 2 new housing units at 1575-1577 Washington Street under the terms and conditions of the Downtown Rehabilitation Loan Program. The Downtown Rehabilitation Loan Program provides several incentives from the Economic Development Department for the rehabilitation of historic buildings in our greater downtown. This program has had a positive impact on the appearance and livability of our downtown, which leads to a more attractive business and residential environment. The Economic Development Department also finds these programs to be great tools for attracting and retaining a quality workforce for our businesses. DISCUSSION Gabriel Mozena is the owner of Real Property Investments, LLC. Real Property Investments, LLC is an lowa limited liability company duly organized and validly existing under the laws of the State of lowa 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 the Assignment of Grant Agreement. Mozena requests to assign the Grant Agreement to Real Property Investments, LLC. All terms and conditions of the Grant Agreement as approved by City Council will remain in place. RECOMMENDATION/ ACTION STEP I recommend approval of the assignment of the Grant Agreement from Gabriel Mozena to Real Property Investments, LLC. 2 Prepared by and return to Jill M Connors, 50 W 13th Street, Dubuque IA 52001 563 589-4393 RESOLUTION NO. 310-20 CONSENTING TO THE ASSIGNMENT OF THE GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND GABRIEL MOZENA FROM GABRIEL MOZENA TO REAL PROPERTY INVESTMENTS, LLC WHEREAS, the City Council of the City of Dubuque, by Resolution No. 266-20, dated September 8, 2020 entered into a Grant Agreement with Gabriel Mozena (Developer) and WHEREAS, pursuant to the Grant Agreement Developer is required to provide certain improvements to real estate owned by Gabriel Mozena, known locally as 1575- 1577 Washington Street, Dubuque, Iowa (the Property); and WHEREAS, in order to facilitate rehabilitation of the Property, the Property will be conveyed to Real Property Investments, LLC, an Iowa limited liability company; and WHEREAS, Developer desires to assign the Grant Agreement to Real Property Investments, LLC pursuant to the Assignment attached hereto in order to facilitate the rehabilitation of the Property; and WHEREAS, in the Grant Agreement the proposed conveyance of the Property and assignment is authorized subject to City Council consent; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to consent to the conveyance of the Property and the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque hereby consents to the conveyance of the Property and the Assignment. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Passed, approved and adopted the 5th day of October 202 Roy D. Buol, Mayor Attest: Ke an S. Firns a I, City Jerk 092320ba1 CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 310-20 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 6th day of October, 2020. Key' S. Firnstahl, CMC, City Clerk Prepared by and Return to: Jill M. Connors, 1300 Main Street, Dubuque, Iowa 52001 ASSIGNMENT OF GRANT AGREEMENT BETWEEN GABRIEL MOZENA AND REAL PROPERTY INVESTMENTS, LLC This Assignment of Grant Agreement, dated for reference purposes the day of October, 2020, is made and entered into by and between Gabriel Mozena (Assignor) and Real Property Investments, LLC (Assignee) for the following property, situated in Dubuque, Iowa: Lot 1 and 2 of the Northerly One-half of Lot 80, and Lot 2 of Lot 81, in "East Dubuque", an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, Assignor is the Grant Recipient under a Grant Agreement with the City of Dubuque, Iowa, dated September 8, 2020 (the Grant Agreement); and WHEREAS, the Grant Agreement specifies various rights and obligations of the Assignor and the City of Dubuque related to the redevelopment of the building located on the land described above, known locally as 1575-1577 Washington Street, Dubuque, Iowa; and WHEREAS, Assignor desires to assign all of his interest in and to the Grant Agreement to Assignee and Assignee desires to accept such assignment and agrees to be bound by the terms thereof; and WHEREAS, the assignment by Assignor to Assignee hereunder is permanent and complete and Assignor retains no rights under the Grant Agreement whatsoever as of the date hereof; and WHEREAS, The City of Dubuque, Iowa has authorized this Assignment in the Grant Agreement; and WHEREAS, the parties desire to reduce this Assignment to writing. 092920ba1 THEREFORE, Assignor hereby assigns to Assignee the Grant Agreement pursuant to the following terms and conditions: 1. Assignment. Assignor hereby assigns to Assignee, and Assignee hereby accepts from Assignor, this assignment of the Grant Agreement, which assignment includes all rights and obligations of any sort whatsoever of Assignor thereunder such that, upon acceptance hereof by Assignee, Assignor shall have no right or interest whatsoever in and to the Grant Agreement as of the date hereof and Assignee agrees to be fully bound by the Grant Agreement and shall carry out all obligations of, and be entitled to all rights of, Assignor thereunder. 2. Law; Binding Effect. This Assignment shall be governed by and construed in accordance with the laws of the State of Iowa. This Assignment shall be binding upon the parties hereto and their respective successors in interest and assigns. In the event of a breach of this Assignment, the non -breaching party shall be entitled to all rights and remedies at law or equity and shall be entitled to recover reasonable attorneys' fees incurred due to the breach. 3. Affirmation. The parties hereby affirm the Grant Agreement in all respects, except that hereafter the Grant Recipient thereunder shall be the Assignee; in all other respects, the Grant Agreement shall remain in full force and effect according to its terms. GABRIEL MOZENA REAL PROPERTY INVESTMENTS, LLC By: By: Gabriel Mozena (Printed Name) 196 Bluff Street, Dubuque, IA 52001 2 By. Attest( CONSENT TO ASSIGNMENT BY THE CITY OF DUBUQUE, IOWA The City of Dubuque hereby consents to the foregoing Assignment. Roy D,uol, Mayor Kev S. Firnstahl, ity Clerk 3 9 STATE OF IOWA COUNTY OF ) ss: This instrument was acknowledged before me on by Gabriel Mozena. STATE OF IOWA COUNTY OF ) ss: Notary Public in and for State of Iowa This instrument was acknowledged before me on by as of Real Property Investments, LLC. Notary Public in and for State of Iowa 4