Loading...
Termination of Grant Agreement with Tim Specht Copyrighted December 21, 2020 City of Dubuque Consent Items # 9. City Council Meeting ITEM TITLE: Termination of GrantAgreement between City of Dubuque and Tim Specht for the rehabilitation of 1555 Central Avenue SUM MARY: City Manager recommending approval of a resolution authorizing a Termination Agreement between the City of Dubuque, lowa, and Tim Specht for the rehabilitation of 1555 Central Avenue. RESOLUTION Approving the Termination Agreement and Release terminating the Grant Agreement by and between the City of Dubuque, lowa and Tim Specht SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Termination of Grant Agreement for 1555 Central City Manager Memo Avenue-MVM Memo Staff Memo Staff Memo Resolution of Approval Resolutions Termination Agreement Supporting Documentation 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: Termination of Grant Agreement Between City of Dubuque and Tim Specht for the Rehabilitation of 1555 Central Avenue DATE: December 15, 2020 Economic Development Director Jill Connors recommends City Council approval of a resolution authorizing a Termination Agreement between the City of Dubuque, lowa, and Tim Specht for the rehabilitation of 1555 Central Avenue. On April 6, 2020 the Dubuque City Council entered into a grant agreement with Tim Specht for the rehabilitation of 1555 Central Avenue. Upon review of the completed rehabilitation effort, it was determined by the Planning, Building Services, and Economic Development departments that while the storefront has been dramatically changed, Mr. Specht did not comply with the City of Dubuque Architectural Guidelines and Design Letter provided by Planning Department staff. Mr. Specht determined it would be more feasible to decline the grant and finish the project without the modifications required under the grant. Mr. Specht will instead only focus on any remaining building code requirements. Both parties agree to release each other from any and all obligations under the Grant Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Y 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: Termination of Grant Agreement Between City of Dubuque and Tim Specht for the Rehabilitation of 1555 Central Avenue DATE: December 11, 2020 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing a Termination Agreement between the City of Dubuque, lowa and Tim Specht for the rehabilitation of 1555 Central Avenue. BACKGROUND On April 6, 2020 the Dubuque City Council entered into a grant agreement with Tim Specht for the rehabilitation of 1555 Central Avenue. The Agreement required Mr. Specht to comply with the City of Dubuque Architectural Guidelines, in particular with the Design Letter provided by Planning Department staff. DISCUSSION Upon review of the completed rehabilitation effort, it was determined by the Planning, Building Services, and Economic Development departments that while the storefront has been dramatically changed, Mr. Specht did not comply with the City of Dubuque Architectural Guidelines and Design Letter provided by Planning Department staff. Specifically, an unapproved residential door and hardware with projecting brickmold and trim (specifically in design letter), trim that is surFace-mounted instead of inset at fenestration points, the windows and doors do not align and do not match the drawing provided with application, and the transom is out of scale and line with the door. Staff sought to work with Mr. Specht to address these concerns and bring the project within the scope of the City Architectural Guidelines and Design Letter. At this point, Mr. Specht determined it would be more feasible to decline the grant and finish the project without the modifications required under the grant. Mr. Specht will instead only focus on any remaining building code requirements. Both parties agree to release each other from any and all obligations under the Grant Agreement. RECOMMENDATION / ACTION STEP I recommend that the City Council adopt the attached resolution approving a Termination Agreement between the City of Dubuque and Tim Specht. 2 Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 364-20 APPROVING THE TERMINATION AGREEMENT AND RELEASE TERMINATING THE GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TIM SPECHT WHEREAS, the City of Dubuque and Tim Specht entered into a Grant Agreement dated for reference purposes the 6th day of April, 2020 (the Grant Agreement) for property at 1555 Central Avenue, legally described as follows: The Northerly 23.2 feet of the Middle 1/5 of Out Lot 451 in the City of Dubuque, Iowa, according to the United States Commissioner's Map of the Survey of the Town of Dubuque, Iowa ; and WHEREAS, City and Tim Specht now desire to terminate the Grant Agreement on the terms and conditions set forth in the Termination Agreement and Release between the City of Dubuque, Iowa and Tim Specht, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Termination Agreement and Release Between the City of Dubuque, Iowa and Tim Specht is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agreement and Release on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination Agreement and Release as herein approved. Passed, approved and adopted this 21 st day of December, 2020. Roy D"uol, Mayor' Attest: Adrienne N. Breitfelder, pity Clerk Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque, Iowa 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque, Iowa 52001, 563 589-4393 TERMINATION AGREEMENT AND RELEASE BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TIM SPECHT This Termination Agreement and Release, dated for reference purposes the _V day of ,&n _, 2020, is made and entered into by and between the City of Dubuque, Iowa, an Iowa municipal corporation ("City"), and Tim Specht ("Grant Recipient"), as of the date of final signature below. Whereas, City and Grant Recipient are parties to Grant Agreement dated April 6, 2020 (the "Agreement"); and Whereas, the Agreement provides certain Downtown Rehabilitation Grant to Grant Recipient for the rehabilitation of property located at 1555 Central Avenue in the City of Dubuque, Iowa; and Whereas, Grant Recipient has requested that the Agreement be terminated; and Whereas, City agree to the termination of the Agreement on the terms set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND GRANT RECIPIENT AS FOLLOWS: The Grant Agreement is hereby terminated. 2. City and Grant Recipient hereby release each other from any and all obligations under the Grant Agreement. CITY OF DUBUQUE, IOWA By: _ //, k.) Roy D.ruol, Mayor TIM SPECHT Tim SpecKt 120920bal ATTEST: Adrienne N. Breiffelder, City Clerk