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
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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.
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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: 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