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
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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
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All•America Eity Dubuque,lowa 52001-4763
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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.
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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
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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
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