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Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Urban Renewal Area)_Initiate Copyrighted January 19, 2021 City of Dubuque Items to be set for Public Hearing # 1. City Council Meeting ITEM TITLE: Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area) SUMMARY: CityAttorney recommending the City Council set a public hearing for February 1, 2021 regarding the Ehrlich Properties, L.L.C. Housing TI F Agreement (North Grandview Estates Housing Urban Renewal Area). RESOLUTION Intent to approve an Agreement between the City of Dubuque and Ehrlich Properties, L.L.C. and fixing the date for a public hearing of the City Council of the City of Dubuque, lowa on the proposed reimbursement of Ehrlich Properties L.L.C. for certain infrastructure improvements as described in the agreement with Urban Renewal Tax I ncrement Revenue and providing for the publication of notice thereof SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for February DISPOSITION: 1, 2021. Suggested Disposition: ATTACHMENTS: Description Type Ehrlich Properties LLC Housing TI F Agreement N City Manager Memo Grandview Estates-MVM MEMO Staff Memo Staff Memo Resolution Resolutions 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: Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area) DATE: January 15, 2021 City Attorney Crenna Brumwell recommends the City Council set a public hearing for February 1, 2021 regarding the Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area). I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Dubuque THE CITY OF � AII�Ameriea Cipl DuB E � v, ;�� , I I Maste iece on the Mississi i Z°°'�Z°1Z'z°13 � pp zoi�*zoi9 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen, City Manager DATE: January 15, 2021 RE: Ehrlich Properties, L.L.C. Housing TIF Agreement (North Grandview Estates Housing Urban Renewal Area) The City has negotiated with Ehrlich Properties, L.L.C. on the terms of a Housing TIF Agreement. The development is located in the North Grandview Estates Housing Urban Renewal Area. Creation of the urban renewal area and Housing TIF Agreement will stimulate for further private housing development and provide a funding mechanism for the public improvements in the urban renewal area. As is required by state law 38.1% of the tax increment generated in the North Grandview Estates Housing Urban Renewal Area will be a source of funding towards low-moderate income family housing throughout the city. I respectfully submit the agreement for review and approval of the City Council at the scheduled public hearing. Thank you. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /Fax (563)583-1040/EMAi� cbrumwel@cityofdubuque.org Prepared by: Crenna Brumwell, 300 Main Street Suite 330 Dubuque IA 52001 (563) 583-4113 Return to: Crenna Brumwell. 300 Main Street Suite 330 Dubuque IA 52001 RESOLUTION NO. 15-21 INTENT TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND EHRLICH PROPERTIES, L.L.C. AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED REIMBURSEMENT OF EHRLICH PROPERTIES L.L.C. FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN THE AGREEMENT WITH URBAN RENEWAL TAX INCREMENT REVENUE AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Ehrlich Properties, L.L.C. have entered into an Agreement, subject to the approval of the City Council, pursuant to which Ehrlich Properties, L.L.C. will cause certain infrastructure improvements to be constructed on and within Development Property as described in the Agreement; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Agreement; and Whereas, the Agreement provides for reimbursement of Ehrlich Properties, L.L.C. payable from the tax increment revenues collected in respect of the improvements to be constructed in accordance with the Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as described therein; and Whereas, before said reimbursement may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to approve the proposed Agreement with Ehrlich Properties, L.L.C. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing to be held on the 1st day of February, 2021 at 6:30 p.m. in the form attached hereto. Section 3. The City Council will meet at said time and place for the purpose of acting on the matter of authorizing the execution of the Agreement with Ehrlich Properties, L.L.C., pursuant to and in accordance with the North Grandview Estates Housing Urban Renewal Area Economic Development District, including but not limited to the funding of reimbursement for improvements under the terms and conditions of the Agreement and said Urban Renewal Plan. It is expected that the aggregate amount of the reimbursements will not exceed $188,000. Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting. Section 5. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 19t" day of January, 2021. / , 0' Z"ep Roy D. B I, Mayor Attest: Adrienne N. Breitfelder, VCity Clerk NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE INTENT TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND EHRLICH PROPERTIES, L.L.C. AND THE PROPOSED AUTHORIZATION OF REIMBURSEMENT OF EHRLICH PROPERTIES, L.L.C. FOR INFRASTRUCTURE IMPROVEMENTS FROM TAX INCREMENT REVENUE RELATING THERETO PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa, will hold a public hearing on the 1St day of February, 2021, at 6:30 p.m. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday, January 29, 2021 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AqendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctvclerkCc�cityofdubuque.org. At said meeting the City Council proposes to take action to approve an Agreement between the City of Dubuque and Ehrlich Properties, L.L.C., and for the authorization and execution of the Agreement, and on the reimbursement of Ehrlich Properties, L.L.C. for improvements described therein from tax increment revenue in order to carry out the purposes and objectives of the North Grandview Estates Housing Urban Renewal Area Economic Development District, under the terms and conditions of said Agreement and Urban Renewal Plan. The aggregate amount of the reimbursements cannot be determined at the present time but is not expected to exceed $188,000. At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the City Council may at this meeting or at any adjournment thereof, approve the Agreement, and authorize such reimbursements or abandon the proposal. By order of the City Council said hearing and appeals therefrom shall be held in accordance with and governed by the provisions of Section 403.9 of the Code of lowa. This notice is given by order of the City Council of the City of Dubuque, lowa, as provided by Chapter 403 of the Code of lowa. Dated this day of January, 2021. Adrienne N. Breitfelder City Clerk of Dubuque, lowa 3 AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND EHRLICH PROPERTIES, L.L.C. This Agreement, dated for reference purposes the day of , 2021, by and between the City of Dubuque, lowa, a municipality (City), established pursuant to lowa Code and acting under authorization of lowa Code Chapter 489, as amended (Urban Renewal Act), and EHRLICH PROPERTIES, L.L.C., an lowa limited liability company with its principal place of business in Dubuque, lowa (Developer). WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken an urban renewal project (the Project) to advance the community's ongoing economic development efforts; and WHEREAS, the Project is located within the North Grandview Estates Housing Urban Renewal Area Economic Development District (the Project Area); and WHEREAS, as of the date of this Agreement an urban renewal plan for the Project Area consisting of the urban renewal plan for the North Grandview Estates Housing Urban Renewal Area Economic Development District, was approved by the City Council of City on the 1St day of February, 2021, (the Urban Renewal Plan); and WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of this Agreement, attached hereto as Exhibit A, is on file with the Clerk for the City; and WHEREAS, the Developer plans a development of single-family homes and multifamily units on lots all of which are owned by Developer as of the date of this Agreement (the Development Property) which is located in the Project Area, and thereafter to cause the same to be operated in accordance with this Agreement; and WHEREAS, the Developer is willing to cause certain infrastructure improvements to be constructed on and within the Development Property; and WHEREAS, the City intends to assist the Project through grants toward infrastructure improvements; and WHEREAS, City believes that the development of the Development Property pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable federal, state, and local laws and the requirements under which the Project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA. Lot 1 of North Grandview Place; and Lot 1 of North Grandview Estates; and Lot A and Lots 1 thru 37, inclusive, of North Grandview Estates No. 2; and Lot A of Lot B of Sullivan's 2nd Addition; and All that part of the Right of Way of North Grandview Avenue lying south the of the Southerly right of way line of West 32nd Street and lying north of the easterly extension of the south line of Lot 1 of North Grandview Place; and All that part of the right of way of West 32nd Street lying east of the northerly extension of the west line of Lot 37 of North Grandview Estates No. 2 and lying southwest of the northerly extension of the east line of Lot A of Lot B of Sullivan's 2nd Addition All in the City of Dubuque, lowa SECTION 2. DEVELOPMENT ACTIVITIES. 2.1 Required Improvements. City acknowledges that Developer is developing a residential development on the Development Property as shown on the plats attached hereto as Exhibit B. Developer agrees as follows: A. To install and dedicate fiber optic conduit, vaults, and appurtances as part of the infrastructure for the next phase of North Grandview Estates #2 with an estimated cost of one-hundred twenty thousand dollars ($120,000). Developer to be reimbursed for actual expenditures up to one-hundred twenty thousand dollars ($120,000) certified to the City of Dubuque and subject to approval by the City. B. To construct a retaining wall necessary for the construction of Helen Ridge Court according to City specifications. The City will contribute up to fifty- thousand dollars ($50,000) toward retain wall construction as the code changes from original conception to current standards have increased the costs. Developer shall be reimbursed for actual expenditures for the construction and connection not to exceed fifty thousand dollars ($50,000). 2 C. To install curb underdrain along Helen Ridge Court according to City specifications. Developer shall be reimbursed for actual expenditures for the curb underdrain installation up to eighteen thousand dollars ($18,000) D. To construct Helen Ridge Court according to City specifications. Developer understands the City holds $175,001 to be put toward the construction of Helen Ridge Court from which Developer may request reimbursement for the construction of Helen Ridge Court as follows: Upon completion of the street base, curb, and gutter and first lift of asphalt on Helen Ridge Court, Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures but not to exceed eighty-five percent (85%) of the funds held by the City. Upon completion of the second lift of asphalt Developer shall obtain City inspection and approval and submit actual costs of construction for review. Upon approval, Developer shall be reimbursed for actual expenditures, but not to exceed the remaining fifteen percent (15%) of the funds held by the City. E. Developer reimbursement to City for water and sanitary sewer installation. The City has previously installed water and sanitary sewer to facilitate the development of North Grandview Estates. Developer shall reimburse the City for the water and sanitary sewer installation. The amounts owed to the City for each lot of North Grandview Estates is outlined in Exhibit C. Developer may pay the amount owed on each lot upon sale of the lot or may pay the total sum due at once, up front. 2.2 Plans for Construction of Improvements. Plans and specifications with respect to the Development Property and the construction of improvements thereon (the Construction Plans) shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable state and local laws and regulations, including but not limited to any covenants, conditions, restrictions, reservations, easements, liens, and charges applicable to the Development Property, in the records of Dubuque County, lowa. Developer shall submit to City, for approval by City, plans, drawings, specifications, and related documents with respect to the improvements to be constructed by Developer on the Development Property. All work with respect to the improvements shall be in substantial conformity with the Construction Plans approved by City. 2.3 Timinq of Improvements. Developer hereby agrees that construction of improvements on the Development Property shall be commenced by June 1, 2021 and shall be built in accordance with the Final Plat and Improvement Plans as approved by the City Council Resolution with Developer Acknowledgment for the Development. The time frames for the perFormance of these obligations shall be suspended due to unavoidable delays, meaning delays outside the control of the party claiming its 3 occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire, or other casualty to the improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state, or local government which directly result in delays. The time for performance of such obligations shall be extended only for the period of such delay. SECTION 3. CITY PARTICIPATION. 3.1 Low and Moderate-Income Family Housinq Assistance. A. Pursuant to lowa Code §403.22 the Project includes assistance for low and moderate-income family housing. The amount to be provided for low and moderate-income family housing shall be either equal to or greater than the percentage of the original Project cost that is equal to the percentage of low and moderate-income residents for Dubuque County which is 38.1%. B. To fund the low-to-moderate income (LMI) housing assistance, City public improvements, and Developer's development activities, City shall certify to the County prior to December 1 of each year, commencing at the City's option, depending on build out of North Grandview Estates, on December 1, 2021 or December 1, 2022, its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to Developer on November 1 and May 1 of that fiscal year. (Example: if City so certifies by December 2018, the Economic Development Grants in respect thereof would be paid to Developer on November 1, 2019 and May 1, 2020.) 3.2 Economic Development Grants. A. For and in consideration of Developer's obligations hereunder, and in furtherance of the goals and objectives of the urban renewal plan for the Project Area and the Urban Renewal Law, City agrees, subject to Developer being and remaining in compliance with the terms of this Agreement, to reimburse Developer for the actual cost of development activities as follows: Fiber Optic Installation: Not to exceed $120,000 Retaining Wall Contribution: Not to exceed $50,000 Helen Ridge Ct Curb Underdrain Installation: Not to exceed $18,000 B. Grants, not to exceed a total of $188,000 during the term of the agreement, for development activities will be made as follows: 4 City shall certify to the County prior to December 1 of each year, commencing at the City's option, depending on build out of North Grandview Estates, December 1, 2021 or December 1, 2022, its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to Developer on November 1 and May 1 of that fiscal year. November 1, 2022 or 2023: 25% of the remaining yearly increment after the deduction of the 38.1% set-aside per lowa Code §403.22 for low or moderate income families including single person households, earning no more than eighty percent of the higher of the median family income of the county or the statewide nonmetropolitan area as determined by the latest United States Department of Housing and Urban Development, Section 8 income guidelines (LMI Housing Assistance), but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2023 or 2024: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2023 or 2024: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2024 or 2025: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2024 or 2025: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2025 or 2026: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2025 or 2026: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2026 or 2027: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. 5 November 1, 2026 or 2027: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2027 or 2028: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2027 or 2028: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2028 or 2029: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2028 or 2029: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2029 or 2030: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2029 or 2030: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2030 or 2031: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2030 or 2031: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2031 or 2032: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2031 or 2032: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2032 or 2033: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the 6 actual expenditures by Developer for Development Activities. November 1, 2032 or 2033: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. The foregoing grants will be made pursuant to lowa Code §403.9 of the Urban Renewal Law, in amounts equal to the actual amount of tax increment revenues collected by City under lowa Code §403.19 (without regard to any averaging that may otherwise be utilized under lowa Code §403.19 and excluding any interest that may accrue thereon prior to payment to Developer) during the preceding six (6) month period in respect of the Property and improvements constructed by Developer (the Developer Tax Increments). Developer recognizes and agrees that the Economic Development Grants shall be paid solely and only from the incremental taxes collected by City in respect to the Property and improvements, which does not include property taxes collected for the payment of bonds and interest of each taxing district, and taxes for the regular and voter-approved physical plant and equipment levy, instructional support levy, and any other portion required to be excluded by lowa law, and thus such incremental taxes will not include all amounts paid by Developer as regular property taxes. C. To fund the Economic Development Grants, City shall certify to the County prior to December 1 of each year, commencing at the City's option, depending on build out of North Grandview Estates, December 1, 2021 or December 1, 2022, its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer if Developer owns or leases the Property and/or improvements thereon during the period such tax increment revenues accrue, on November 1 and May 1 of that fiscal year. (Example: If City so certifies by December 2018, the Economic Development Grants in respect thereof would be paid to Developer on November 1, 2019 and May 1, 2020.) D. The Economic Development Grants shall be payable from and secured solely and only by the Developer Tax Increments paid to City that, upon receipt, shall be deposited and held in a special account created for such purpose and designated as the North Grandview Estates Housing TIF Account of City. City hereby covenants and agrees to maintain its TIF ordinance in force during the term and to apply the incremental taxes collected in respect of the Property and improvements and allocated to the North Grandview Estates Housing TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 3.3(A) hereof. The Economic Development Grants shall not be payable in any manner by other tax increments revenues or by general taxation or from any other City funds. City makes no representation with respect to the amounts that may be paid to Developer as the Economic Development Grants in any one year and under no circumstances shall City in any manner be liable to 7 Developer so long as City timely applies the Developer Tax Increments actually collected and held in the North Grandview Estates Housing TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to Developer as and to the extent described in this Section. City shall be free to use any and all tax increment revenues collected in respect of other properties within the Project Area, or any available Developer Tax Increments resulting from the termination of the annual Economic Development Grants under Section 3.3 hereof, for any purpose for which such tax increment revenues may lawfully be used pursuant to the provisions of the Urban Renewal Law, and City shall have no obligations to Developer with respect to the use thereof. SECTION 4. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING. 4.1 Non-Appropriation. Notwithstanding anything in this Agreement to the contrary, the obligation of City to pay any installment of the Economic Development Grants from the pledged tax increment revenues shall be an obligation limited to currently budgeted funds, and not a general obligation or other indebtedness of City or a pledge of its full faith and credit within the meaning of any constitutional or statutory debt limitation, and shall be subject in all respects to the right of non-appropriation by the City Council of City as provided in this Section. City may exercise its right of non-appropriation as to the amount of the installments to be paid during any fiscal year during the term of this Agreement without causing a termination of this Agreement. The right of non- appropriation shall be exercised only by resolution affirmatively declaring City's election to non-appropriate funds otherwise required to be paid in the next fiscal year under this Agreement. In the event the City Council of City elects to not appropriate sufficient funds in the budget for any future fiscal year for the payment in full of the installments on the Economic Development Grant due and payable in that future fiscal year, then City shall have no further obligation to Developer for the payment of any installments due in that future fiscal year which cannot be paid with the funds then appropriated for that purpose. 4.2 The right of non-appropriation reserved to City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to pay future installments on the Economic Development Grants shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default shall be deemed to have occurred as a result thereof. If any provision of this 8 Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision, and to this end the provisions of this Agreement are severable. SECTION 5. COVENANTS OF DEVELOPER. 5.1 Books and Records. During the term of this Agreement, Developer shall keep at all times proper books of record and account in which full, true, and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of Developer in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Developer shall provide reasonable protection against loss or damage to such books of record and account. 5.2 No Other Exemptions. During the term of this Agreement, Developer agrees not to apply for any state or local property tax exemptions which are available with respect to the Development Property or the improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement, including those that arise under lowa Code Chapters 404 and 427, as amended. 5.3 Preservation of Development Property. During the term of this Agreement, Developer shall maintain, preserve, and keep, or cause others to maintain, preserve, and keep, the improvements in good repair and working order, except for ordinary wear and tear, and from time to time shall make all necessary repairs, replacements, renewals, and additions. Nothing in this Agreement, however, shall be deemed to alter any agreements between Developer or any other party including, without limitation, any agreements between the parties regarding the care and maintenance of the Development Property. 5.4 Non-Discrimination. In carrying out the Project, Developer shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. 5.5 Conflict of Interest. Developer agrees that no member, officer, or employee of City, or its designees or agents, nor any consultant or member of the governing body of City, and no other public official of City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be perFormed in connection with the project, or in any activity, or benefit therefrom, which is part of this Project at any time during or after such person's tenure. In connection with this obligation, Developer shall have the right to rely upon the representations of any party with whom it does business and shall not be obligated to perform any further examination into such party's background. 9 5.6 Non-Transferability. Until such time as the improvements are complete this Agreement may not be assigned by Developer nor may the Development Property be transferred by Developer to another party without the prior written consent of City, which shall not be unreasonably withheld. Thereafter, Developer shall have the right to assign this Agreement and upon assumption of the Agreement by the assignee, Developer shall no longer be responsible for its obligations under this Agreement. 5.7 Restrictions on Use. Developer agrees for itself, and its successors and assigns, and every successor in interest to the Development Property or any part thereof that they, and their respective successors and assigns, shall: A. Devote the Development Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan (and City represents and agrees that use of the Development Property as a residential development is in full compliance with the Urban Renewal Plan) (however, Developer shall not have any liability to City to the extent that a successor in interest shall breach this covenant and City shall seek enforcement of this covenant directly against the party in breach of same); and B. Not discriminate upon the basis of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability in the sale, lease, rental, use, or occupancy of the Development Property or any improvements erected or to be erected thereon, or any part thereof (however, Developer shall not have any liability to City to the extent that a successor in interest shall breach this covenant and City shall seek enforcement of this covenant directly against the party in breach of same). 5.8 Release and Indemnification Covenants. A. Developer releases City and the governing body members, officers, agents, servants, and employees thereof (hereinafter, for purposes of this Section, the Indemnified Parties) from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend, and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or resulting from any defect in the improvements. B. Except for any gross negligence, willful misrepresentation, or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action, or other proceedings whatsoever by any person or entity whatsoever arising from: (1) Developer's violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand, or other proceeding 10 brought by Developer against City based on an alleged breach of any representation, warranty, or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (2) the acquisition, construction, installation, ownership, and operation of the improvements in accordance with the Final Plat and Improvement Plans as approved by the City Council Resolution with Developer Acknowledgment until such time as Developer's warranty of the improvements has expired or, for individual lots. upon sale of a lot to a new owner; or (3) the condition of the Development Property and any hazardous substance or environmental contamination located in or on the Development Property, caused by Developer and occurring after Developer takes possession of the Development Property. C. The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or its officers, agents, servants, or employees or any other person who may be on, in or about the improvements due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants, or employees. D. All covenants, stipulations, promises, agreements, and obligations of City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of City, and not of any governing body member, officer, agent, servant, or employee of City in their individual capacity thereof. E. The provisions of this Section shall survive the termination of this Agreement. 5.9 Compliance with Laws. Developer shall comply with all laws, rules, and regulations relating to its businesses, other than laws, rules, and regulations for which the failure to comply with or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, financial, or otherwise, of Developer. SECTION 6. EVENTS OF DEFAULT AND REMEDIES. 6.1 Events of Default Defined. The following shall be Events of Default under this Agreement and the term Event of Default shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Failure by Developer to pay or cause to be paid, before delinquency, all real property taxes assessed with respect to the improvements and the 11 Development Property. After the issuance of the Certificate of Completion, however, such event shall not entitle City to the remedy provided in Section 6.2. B. Failure by Developer to cause the construction of the improvements to be commenced and completed pursuant to the terms, conditions, and limitations of the Final Plat and Improvement Plans as approved by the City Council Resolution with Developer Acknowledgment, and this Agreement. C. Failure by Developer or City to substantially observe or perForm any other material covenant, condition, obligation, or agreement on its part to be observed or perFormed under this Agreement. D. Developer has no obligation under the term of Agreement to sell lots and shall not be in default for a lack of sales but must make good faith effort at reasonable return on investment. The Parties understand neither is responsible for the status of the real estate market in the community. A good faith effort shall be met if the lots are listed for sale at a fair market value with a reasonable return on the investment of Developer. Developer shall not be forced to list lots for sale which would result in Developer taking a loss on the development. 6.2 Remedies on Default by Developer. Whenever any Event of Default referred to in Section 6.1 of this Agreement occurs and is continuing, City, as specified below, may take any one or more of the following actions after the giving of written notice by City to Developer (and the holder of any mortgage encumbering any interest in the Development Property of which City has been notified of in writing) of the Event of Default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty (60) days and Developer does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: A. City may suspend its perFormance under this Agreement until it receives assurances from the defaulting party, deemed adequate by City, that the defaulting party will cure its default and continue its perFormance under this Agreement; B. City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 6.3 No Remedy Exclusive. Except as otherwise provided in this Agreement, no remedy herein conferred upon or reserved to City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or 12 power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 6.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous, or subsequent breach hereunder. 6.5 Aqreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity, including an action for declaratory relief or arbitration, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of litigation from the other party. Such fees and costs of litigation may be set by the court in the trial of such action or by the arbitrator, as the case may be, or may be enforced in a separate action brought for that purpose. Such fees and costs of litigation shall be in addition to any other relief that may be awarded. 6.6 Remedies on Default bv City. If City defaults in the performance of this Agreement, Developer may take any action, including legal, equitable, or administrative action that may appear necessary or desirable to collect any payments due under this Agreement, to recover expenses of Developer, or to enforce perFormance and observance of any obligation, agreement, or covenant of City under this Agreement. Developer may suspend their performance under this Agreement until they receive assurances from City, deemed adequate by Developer, that City will cure its default and continue its perFormance under this Agreement. SECTION 7. GENERAL TERMS AND PROVISIONS. 7.1 Notices and Demands. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be deemed to have been properly given if and when delivered in person or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows: If to Developer: EHRLICH PROPERTIES, L.L.C. Attn: Rick Ehrlich 10662 Diesel Drive Dubuque, IA 52001 With copy to: Jennifer Clemens Conlon Clemens, Walters, Conlon, Runde, & Hiatt, L.L.P. 2080 South Park Ct Dubuque, IA 52003 If to City: City of Dubuque Attn: City Manager 13 50 W. 13th Street Dubuque, lowa 52001 With copy to: City Attorney's Office 300 Main Street, Suite 330 Dubuque, IA 52001 or at such other address with respect to any party as that party may, from time to time designate in writing and forward to the other as provided in this Section. 7.2 Bindinq Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Developer and their respective successors and assigns. 7.3 Termination Date. This Agreement and the rights and obligations of the parties hereunder shall terminate on June 30, 2034 (the Termination Date) pursuant to lowa Code §403.22. 7.4 Execution bv Facsimile or Email. The parties agree that this Agreement may be transmitted among them by facsimile machine or email. The parties intend that the faxed or scanned signatures constitute original signatures and that a faxed or scanned Agreement containing the signatures (original, faxed, or scanned) of all the parties is binding on the parties. CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor By: Adrienne N. Breitfelder, City Clerk EHRLICH PROPERTIES, L.L.C. By: Printed Name, Title 14 LIST OF EXHIBITS Exhibit A Urban Renewal Plan Exhibit B Plat(s) Exhibit C Water & Sewer Connection Fees 15 EXHIBIT A URBAN RENEWAL PLAN 16 URBAN RENEWAL PLAN North Grandview Estates Housing Urban Renewal Area City of Dubuque, lowa Version 2021.1 17 TABLE OF CONTENTS A. INTRODUCTION B. DESCRIPTION OF THE URBAN RENEWAL AREA C. DISTRICT DESIGNATION D. BASE VALUE E. DEVEL�PMENT PLAN F. RESIDENTIAL DEVELOPMENT G. AREA OBJECTIVES H. TYPE OF RENEWAL ACTIVITIES I. PROPOSED PROJECT J. FINANCIAL DATA K. PROPERTY ACQUISITION/DISPOSITION L. RELOCATION M. STATE AND LOCAL REQUIREMENTS N. SEVERABILITY O. URBAN RENEWAL PLAN AMENDENTS P. EFFECTIVE PERIOD ATTACHMENTS -2- Ig A. INTRODUCTION This Urban Renewal Plan for the North Grandview Estates Housing Urban Renewal Area ("Plan" or "Urban Renewal Plan") has been developed to help local officials promote economic development in the City of Dubuque ("City"). The primary goal of the Plan is to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined by the lowa Code Section 403.17(12). In order to achieve this objective, the City intends to undertake urban renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of lowa, as amended. B. DESCRIPTION OF THE URBAN RENEWAL AREA The North Grandview Estates Housing Urban Renewal Area ("Area" or "Urban Renewal Area") is illustrated in Attachments A, B-1, and B-2 and described in Attachment D. The City reserves the right to modify the boundaries of the Area at some future date. C. DISTRICT DESIGNATION With the adoption of this Plan, the City of Dubuque designates this Urban Renewal Area as an economic development area that is appropriate for the provision of public improvements related to housing and residential development. D. BASE VALUE If the North Grandview Estates Housing Urban Renewal Area is legally established and debt is certified prior to December 1, 2021, the taxable valuation within the Urban Renewal Area as of January 1, 2020, will be considered the "base valuation." If debt is not certified until a later date, the "base value"will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. -3- 19 E. DEVELOPMENT PLAN The City Council has approved a general plan for the physical development of the City as a whole, outlined in the 2017 City of Dubuque Comprehensive Plan that was adopted by the City Council on September 18, 2017. The goals, objectives, and projects in this Urban Renewal Plan are consistent with the City's Comprehensive Plan. The North Grandview Estates Housing Urban Renewal Area is zoned: R-1 (Single Family Residential) and R-4 Multi-Family Residential. See Attachment E for details. This Urban Renewal Plan does not in any way replace the City's current land use planning or zoning regulation process. For details on current and proposed land use, see attached land use maps, Attachments B-1 and B-2. F. RESIDENTIAL DEVELOPMENT The City's objective in the North Grandview Estates Housing Urban Renewal Area is to promote new housing and residential development. When the City undertakes a project to provide or aid in the provision of public improvements related to housing and residential development in an economic development area, the City must assure that the project will include assistance for LMI family housing. Unless a reduction is approved by the lowa Economic Development Authority, the amount to be provided for LMI housing shall be either equal to or greater than the percentage of the original project cost that is equal to the percentage of LMI residents for Dubuque County. LMI families are those whose incomes do not exceed 80°� of the median Dubuque County income. LMI families include single person households. The percentage of LMI families living in Dubuque County, as determined by the U.S. Department of Housing and Urban Development using Section 8 guidelines is currently 38.1°k. Not less than 38.1°� of incremental revenues will be used by the City to provide LMI family housing assistance. The assistance for LMI family housing may be provided anywhere within the City and may include, but is not limited to: 1. Lots for LMI housing within or outside the urban renewal area; -4- 2� 2. Construction of LMI housing within or outside the urban renewal area; 3. Grants, credits or other direct assistance to LMI families living within or outside the urban renewal area, but within the area of operation of the municipality; 4. Payments to a LMI housing fund established by the City to be expended for one or more of the above purposes, including matching funds for any state or federal moneys used for such purposes. G. AREA OBJECTIVES Renewal activities are designed to provide opportunities, incentives, and sites for new residential development within the district and to provide housing assistance to LMI families. More specific objectives for development within the North Grandview Estates Housing Urban Renewal Area are as follows: 1. To alleviate and prevent conditions of unemployment and a shortage of housing; and that it is accordingly necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economy of the State of lowa and the City of Dubuque. 2. To stimulate through public action and commitment, private investment in new residential development. 3. To plan for and provide sufficient land for residential development in a manner that is efficient from the standpoint of providing municipal services. 4. To help finance the cost of a retaining wall to facilitate street construction and installation of curb underdrain by the Developer, installation of fiber conduits and vaults, as well as other public improvements in support of new housing development, including a multipurpose trail. 5. To provide a more marketable and attractive investment climate. 6. To improve the housing conditions and housing opportunities for LMI families. -5- 21 H. TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Urban Renewal Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of lowa including, but not limited to,tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To arrange for or cause to be provided the construction of public infrastructure including but not limited to retaining wall construction, curb underdrain, fiber conduit, and vaults, and portions of trail development from the subdivision to the Bee Branch 32nd Street Detention Basin in connection with urban renewal projects. 3. To finance programs which will directly benefit housing conditions and promote the availability of housing affordable to LMI persons in the community. 4. To make loans, grants, or rebates to private persons to promote housing projects on such terms as may be determined by the City Council. 5. To borrow money and to provide security therefor. 6. To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 7. To use tax increment financing for a number of objectives, including but not limited to, achieving a more marketable and competitive land offering price and providing for necessary physical improvements and infrastructure. 8. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Dubuque and the State of lowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of lowa in furtherance of the objectives of this Urban Renewal Plan. -6- 22 I. PROPOSED PROJECT The first proposed urban renewal project involves the construction of a retaining wall which will facilitate street construction to serve development in a subdivision totaling 26 single family residential lots and 3 lots along 32�d Street to be configured for multifamily residential housing being developed by Ehrlich Properties LLC ("Developer"}. Certain of the public improvements are expected to be constructed by the Developer, with the balance being constructed by the City. The expected public improvements and their estimated costs are as fo I I ows. Public Improvements Estimated Costs Fiber conduit&vaults up to $120,000 Retaining Wall up to $50,000 Curb underdrain up to $18,000 Multipurpose Trail Construction $350,000 Total up to $538,000 The City expects to provide assistance to the Developer in the form of property tax rebates of potential incremental taxes, under the terms of a rebate agreement between the City and the Developer. Under the proposal, some of the incremental property tax generated from the new houses constructed within the Urban Renewal Area pursuant to lowa Code Section 403.19 is expected to be rebated to the Developer (in an amount not to exceed the Developer's certified costs of constructing certain of the required public improvements or $188,000, whichever is less, or such other amount as may be determined by the City Council) for a period of time to be determined by the City Council. These rebates will not be general obligations of the City, but will be payable solely from incremental property taxes generated by the project. The City will set aside not less than the required LMI percentage (38.1°�) of the incremental taxes generated by the project and use those funds to support LMI family housing anywhere in the community. The remaining incremental taxes will be available to the City to distribute in accordance with lowa Code §403.19. J. FINANCIAL DATA 1) July 1, 2020, Statutory debt limit: $239,298,248 (see Attachment C) -7- 23 2) Outstanding general obligation debt for purposes of debt limit: $ 111,687,827 (see Attachment C) 3) With the 10-year life of the Urban Renewal Area, it is projected to generate approximately $680,000 in increment with $260,000 going to affordable housing throughout the community and $420,000 going to improvements in the Area. See attached financial summary. However, the Plan allows for a much greater contribution toward infrastructure in the event the Area would produce more increment than currently anticipated. K. PROPERTY ACQUISITIONIDISPOSITION Other than easements and public right-of-ways, no property acquisition by the City is anticipated at this time. However, if any property acquisition/disposition becomes necessary to accomplish the objectives of the Plan, urban renewal powers will be carried out, without limitation, in accordance with the State of lowa Urban Renewal Law. L. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements. M. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to State and local laws will be complied with by the City in implementing this Urban Renewal Plan and its supporting documents. N. SEVERABILITY In the event one or more provisions contained in this Urban Renewal Plan, as it may be amended, shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, lack of authorization or enforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. O. URBAN RENEWAL PLAN AMENDMENTS -8- 24 This Urban Renewal Area Plan may be amended from time to time for a number of reasons, including but not limited to, change in the area, to add or change land use controls and regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. The City Council may amend this Plan pursuant to appropriate procedures under lowa Code Chapter 403. P. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. With respect to the property included within the North Grandview Estates Housing Urban Renewal Plan Area, which is also included in an ordinance which designates that property as a tax increment area and is designated based on an economic development finding, to provide or to assist in the provision of public improvements related to housing and residential development, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Code of lowa, is limited to ten (10} years beginning with the second fiscal year following the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenues attributable to that property within the North Grandview Estates Housing Urban Renewal Area. With consent of all other affected taxing bodies (by written agreement), the use of incremental property tax revenues under lowa Code Section 403.19 can be extended for up to 5 years if necessary to adequately fund the housing project. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of lowa) by the City for activities carried out under the North Grandview Estates Housing Urban Renewal Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. -9- 25 • � � � , � � � '� � ° f }� 1 �' ! +w � �� , ��`�,� �, �' y �y� � � - �� F � k �' �L�r 1s. , � �, . �� `� �' ^��,��,.�. � �"� 1 e�I l �`��` � � ��'e �� ,t- ' T yr �� y�,� � '�� r. �� \ \ � �k�� ,. �. s �9�t��t J f � _ � ��.pyT i 'A � fi �¢" - . � � ��.z� � : ` : . hq y i,��y�1`4 _ ;�. 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'� . .� . .� 20 Attachment C City of Dubuque Summary of Bonded Indebtedness Date Average Yearof Amount Principal Princiqal Interest Princiqal Description of Interest Final of Outstanding Due Due Outstanding Issue Rate Payment Issue 6l30/20 FY 2027 FY 2027 6130l27 GeneralObligation Bonds (Essential Corporate Purpose) Airport New Term Furnishings-STax 20% 11l17/14 3.30% 2026 55,000 30,000 5,000 900 25,000 Airport Improvements Refunding 4/17/17 3.00% 2030 282,200 228,100 19,200 6,843 208,900 Airportlmprovements-PFC 6128/12 320% 2032 2,145,000 1,47Q000 105,000 48,728 1,36b,000 Airport Improvements-Sales Tax 20% 6/28/12 320% 2032 9Q000 2Q000 1 Q000 480 1Q000 Airport Terminal Utility Improv-PFC 11/17/14 3.30% 2034 690,000 540,000 30,000 17,456 51Q000 AirportNewTerminal Roads/Parking 4l4/16 279% 2036 635,927 523,705 28,775 14,053 494,930 Airport Runway Lighting-FY20 Future 4.00% 2040 156,400 15Q400 2,686 6,256 153,714 AirportSnowRemovalEquip-FY20 Future 4.00% 2040 230,000 230,000 3,949 9,200 226,051 America's River Refunding-General Fund 4/17/17 3.00% 2021 1,984,100 520,700 520,700 15,621 - America's River Refunding-GDTIF 4/17/17 3.00% 2021 1,255,000 33Q000 33Q000 9,900 - Building-Conf Center Improv-ST20% 6/20/19 3.00% 2022 25,076 16,725 8,358 2,838 8,368 Building-ConfCenterEnergylmprov 6120/19 3.00% 2027 187,136 164,288 22,848 4,929 141,440 Building 18th Street Improv Sales Tax 20% 3/19/18 3.05% 2026 391,913 306,121 46,796 9,294 259,325 Building City Hall Brickwork-ST20% 6120/19 3.00% 2027 236,448 210,230.61 27,697.18 9,405 182,533 Building Smart Meters Refunding 4/17/17 3.00% 2030 45,400 36,700 3,100 1,101 33,600 Building Federal Building Roof-SalesTax 4!4/16 279% 2035 268,404 221,039 12,145 5,931 208,894 Civic Center Improvements-Sales Tax 6/20/19 3.00% 2027 323,146 287,316 37,853 12,854 249,463 Civic Center Chair Platform Section 3 6120/19 3.00% 2027 59,340 52,095 7,245 1,563 44,850 DICWExpansion-NonTaxable-Refunding 4l4/16 2.91% 2023 3,175,000 70Q000 625,000 21,000 75,000 DICW Expansion-South Siegert Farm 3/19/18 3.05% 2026 239,534 187,099 28,601 5,680 158,498 DICW North Siegert Refunding 4117/17 3.00% 2029 1,285,000 1,010,000 10Q000 3Q300 91Q000 DICWExpansion-Consultant 12l10/12 2.53% 2032 151,462 107,582 7,785 2,709 99,797 DICWExpansion-SouthSiegertFarm- 6128/12 320% 2032 3,975,000 2,725,000 195,000 9Q365 2,53Q000 DICW Expansion-South Siegert Farm- 6/20/19 3.00% 2032 305,357 285,937 19,437 6,600 266,500 DICWTaxable-LandAcquisition 11/17/14 3.99% 2034 1,64Q000 1,235,000 7Q000 44,875 1,16b,000 DICWChavenelle Road-FY21 Non- Future 6.00% 2041 1,295,000 - 1,295,000 E911 Tower Relocation-Sales Tax 20% 6/20/19 3.00% 2027 141,869 126,139 16,618 5,643 109,620 Finance General Ledger Software-FY21 Future 4.00% 2041 25Q000 - 25Q000 FireStation#4lmprovements-Gaming 6120/19 3.00% 2027 188,054 161,108 26,968 9,158 134,140 FireAmblBuilding HVAC/Bunker Irrigation! 11l17/14 3.30% 2025 715,000 375,000 7Q000 11,250 305,000 Fire Truck Refunding-Debt Service Levy 4/17/17 3.00% 2030 951,500 769,400 64,800 23,082 704,600 Fire Station#2/Park Improvements-Sales 11l17/14 3.30% 2034 32Q000 245,000 15,000 7,925 23Q000 FireAmbulanceReplacement 4/17/17 3.00% 2030 23Q000 185,000 15,000 5,550 17Q000 Fire Structural Repairs 586/Quick Pump- 6120/19 3.00% 2039 448,875 44$875 13,466 448,875 Fire Pumper Replacement-FY20 Future 4.00% 2040 292,000 292,000 5,014 11,680 286,986 Fire Replace HVAC Headquarters-FY20 Future 4.00% 2040 8Q000 80,000 1,374 3,200 78,626 Fire Ladder Replacement-FY21 Future 4.00% 2041 289,000 289,000 Fire Replace HVAC Headquarters-FY21 Future 4.00% 2041 169,000 - - - 169,000 FranchiseFeeSettlementJudgmentBond 4l4/16 2.93% 2035 2,83Q000 2,31Q000 135,000 64,906 2,175,000 GDTIF Main Street Refunding 4/17/17 3.00% 2021 305,000 80,000 80,000 2,400 - GDTIF KepharPs Building-Refunding 4!4/16 2.91% 2023 200,000 90,000 30,000 2,700 60,000 GDTIF Library Renovation-Refunding 4!4/16 2.91% 2023 1,275,000 580,000 185,000 17,400 396,000 GDTIF Colts Building Renovation 6120/19 3.00% 2039 1,575,000 1,575,000 - 47,250 1,575,000 GDTIFEast/WestCooridor-FY20 Future 4.00% 2040 45Q000 45Q000 7,727 18,000 442,273 GDTIF-EngineeringProjects-FY20 Future 4.00% 2040 108,000 10$000 1,854 1,287 106,146 GDTIF-Parks Projects-FY20 Future 4.00% 2040 283,000 283,000 4,859 11,320 278,141 GDTIF-DT Parking Ramp-FY20 Future 4.b0% 2040 1,50Q000 1,50Q000 24,428 67,500 1,47b,672 GDTIF Eng Dock Expansion-FY21 Future 4.00% 2041 406,000 - - - 406,000 GDTIF Parks Jackson ParkAmenities-21 Future 4.00% 2041 250,000 - - - 250,000 29 Date Average Yearof Amount Principal Principal Interest Principal Description of Interest Final of Outstanding Due Due Outstanding Issue Rate Payment Issue 6/30/20 FY 2027 FY 2027 6/30l27 GDTIF Parking E 12th and Elm-FY21 Future 4.50% 2041 589,000 - - - 559,000 GDTIF Downtown Housing Refunding 4117/17 3.00% 2030 2,120,000 1,745,000 140,000 54,955 1,605,000 GDTIF Millwork District Refunding 4/17/17 3.00% 2030 2,08Q000 1,685,000 145,000 5Q550 1,54Q000 GDTIF 7th Streetl2-Way Conversion 3115/12 270% 2031 5,560,000 3,675,000 290,000 98,194 3,385,000 GDTIFIntermodal 3115/12 2.54% 2031 4,380,000 2,590,000 225,000 73,312 2,665,000 GDTIF 5th St ResiroomlMFC 12110I12 2.53% 2032 1,985,538 1,412,421 102,215 35,560 1,310,206 GDTIF MCIC/ADAAssist.lEcon.Dev Grants 12l10/12 170% 2032 1,035,000 275,000 135,000 5,780 14Q000 GDTIF Washington Neighborhood 6/28/12 3.20% 2032 755,000 54Q000 4Q000 17,885 50Q000 GDTIF IntermodallMillwork Parking/CHI 11l17/14 3.99% 2034 5,67Q000 5,570,000 75,000 203,889 5,495,000 GDTIF Transit Roof/DT Loan PooI/ADA 11/17/14 3.30% 2034 19Q000 17Q000 1Q000 5,525 16Q000 Librarylmprovements-SalesTax20% 6120/19 3.00% 2022 39,408 35,038 4,616 1,568 30,422 Library Improvements 12l10/12 2.49% 2027 173,992 97,435 12,909 3,871 84,526 Parklmprovements-Gaming 12l10/12 2.49% 2022 209,050 66,600 22,200 1,360 44,400 Park Improvements Sales Tax 20% 12l10/12 2.49% 2022 171,808 43,733 21,595 954 22,138 Park Improvements-Sales Tax 20% 6/20/19 3.00% 2027 47,290 42,047 5,539 1,881 36,607 Park Water System Study Refunding 4/17/17 3.00% 2030 6Q000 4$500 4,100 1,455 44,400 Park Ham House-Sales Tax 20% 4!4/16 2.79% 2035 20Q668 165,256 9,080 4,434 156,176 ParkSkatePark(FY19) 6120/19 3.00% 2027 613,524 538,617 74,907 16,159 463,710 Parking Refinanced Portions 5th/3rd St/IA 12l10/12 1.22% 2021 5,541,573 50,000 50,000 1,100 - Parking Port of Dubuque Parking Ramp 3119/18 3.05% 2026 373,553 291,780 44,603 8,860 247,177 Parking Central Ave Ramp Refunding 4/17/17 3.00% 2030 6,38Q000 5,035,000 485,000 151,050 4,55Q000 Parking lowa Street Ramp Improvements 3119/18 2.91% 2031 45,516 39,664 3,070 1,128 36,594 Parking Locust Ramp Security Cameras 6/20/19 3.00% 2033 126,054 116,344 9,718 3,300 106,626 Parkinglmprovements 11/17/14 3.30% 2034 185,000 140,000 10,000 4,487 13Q000 Parking Ramp Improvements-Taxable 11l17/14 3.99% 2034 305,000 24Q000 15,000 8,705 225,000 PoliceSoflwareReplacement-Gaming 12l10/12 2.49% 2022 365,9b0 113,400 37,800 2,315 7b,600 Police CAD Software-Gaming 11l17/14 3.30% 2030 26Q000 185,000 15,000 5,700 17Q000 Public Works Equipment Sales Tax 30% 11/17/14 3.30% 2022 305,000 90,000 45,000 2,700 4b,000 Public Works Equip Refunding 4/17/17 3.00% 2030 392,000 316,900 26,700 9,507 29Q200 Public Works Radio Replacement 3/19/18 2.91% 2028 110,000 8$536 10,732 2,441 77,804 PW Curb RamplEngineering Street Improv 11l17/14 3.30% 2034 1,25Q000 975,000 55,000 31,525 92Q000 Recreation Improvements-Sales Tax 20% 6/20/19 3.00% 2022 4,082 2,723 1,361 462 1,362 Recreation Improvements-Sales Tax 20% 12l10/12 2.49% 2027 14,924 8,633 1,061 208 7,572 Sanitary Improvements Refunding 4/17/17 3.00% 2030 660,000 535,000 45,000 16,050 490,000 Sanitary Sewer Improvements 3119/18 2.91% 2031 1,030,009 897,595 69,463 25,528 828,132 Sanitary Forcemain Repair 12l10/12 2.49% 2032 655,239 445,659 32,521 11,565 413,138 Sanitary Sewer Improvements 6120/19 3.00% 2033 1,124,412 1,051,586 72,887 24,750 978,699 Sanitary Sewer Improvements 11/17/14 3.30% 2034 5,67Q000 4,845,000 285,000 156,675 4,56Q000 Sanitary Sewer Improvements 4!4/16 279% 2035 2,405,000 1,985,000 110,000 53,206 1,875,000 Solid Waste Collection Refunding 4/17/17 3.00% 2030 51,300 41,500 3,500 1,245 38,000 Solid Waste Collection 3119/18 2.91% 2031 27,447 23,919 1,851 680 22,068 Solid Waste Tipper Carts-FY21 Future 4.00% 2041 28Q000 28Q000 Stormwater Reiunding 4l4/16 2.91% 2028 6,27Q000 3,6b5,000 615,000 109,650 3,04Q000 StormwaterSalesTaxRevenue -GO 5/19/14 323% 2029 7,19Q000 7,19Q000 323,100 7,19Q000 SYormwater Improvements Reiunding 4117/17 3.00% 2030 2,015,000 1,62Q000 145,000 48,600 1,47b,000 Stormwaterlmprovements 3119118 2.91% 2031 1,714,542 1,494,127 115,628 42,494 1,378,499 Stormwaterlmprovements 3115/12 2.70% 2031 1,935,000 1,225,000 95,000 32,732 1,130,000 Stormwater 7th Street Storm Improvements 12l10/12 2.49% 2032 134,342 91,371 6,668 2,371 84,703 Stormwaterlmprovements 6/20/19 3.00% 2033 29Q796 271,376 19,437 6,600 251,939 Streetlight Replacement Refunding-ST 4117/17 3.00% 2030 4,900 4,000 300 120 3,700 Street FEMA Land Buyout-Gaming 6/20/19 3.00% 2027 64,901 57,861 7,046 2,393 5Q815 StreetFiber/Sidewalk/LightsRefunding 4/17/17 3.00% 2030 268,600 209,200 17,600 6,276 191,600 StreetSouthwestArterial 3119/18 2.91% 2031 771,557 672,369 52,033 19,122 62Q336 StreetSouthwestArterial-SalesTax30% 12l10/12 2.49% 2032 1,280,545 585,052 55,276 21,257 526,776 Transit Radio Replacement 3119/18 2.91% 2028 95,000 76,464 9,268 2,109 67,196 TransitMidtownTransfer 6/20/19 3.00% 2039 216,125 216,125 6,484 216,125 Transit Vehide Replacement-FY20 Future 4.00% 2040 372,420 372,420 6,394 14,896 366,026 Transit Vehcile Replacement-FY21 Future 4.15% 2041 427,000 427,000 Water System Improvemenis 3119/18 2.91% 2031 1,165,930 1,007,328 77,965 28,648 929,373 30 Date Average Yearof Amount Principal Principal Interest Principal Description of Interest Final of Outstanding Due Due Outstanding Issue Rate Payment Issue 6/30/20 FY 2027 FY 2027 6/30l27 WaterSystemlmprovements 12l10/12 2.49% 2032 644,151 43$119 31,971 11,369 406,145 WaterSystemlmprovements 6120/19 3.00% 2033 1,323,107 1,240,571 87,465 29,700 1,153,106 WaterSystemlmprovements 11/17/14 3.30% 2034 9,195,000 8,25Q000 485,000 266,781 7,765,000 WaterSystemlmprovements 4!4/16 279% 2035 635,000 525,000 30,000 14,088 495,000 Total General Obligation Bonds 123,813,394 87,271,828. 7,55$286.1 2,791,937 83,668,541 Tax Increment Port of Dubuque Parking Ramp 10-16-07 7.5000% 2037 23,025,000 18,985,000 59Q000 1,423,875 18,395,000 TotalTaxlncrementBonds 23,025,000 18,985,000 59Q000 1,423,875 18,395,000 40 Main(GDTIF} 08-06-09 2020 690,529 90,880 90,880 4,529 Tota1 Tax lncrement Notes 69Q529 9Q880 9Q880 4,529 TotalTaxlncrement 23,715,529 19,075,880 680,880 1,428,404 18,39b,000 TIF bond issue for the Port of Dubuque Parking Ramp backed by Greater powntown TIF&a minimum assessment agreement Tax Increment Economic Development TIF Rebate Agreements Faley Properties(DICW) 2/7/11 Rebate 2022 904,638 210,806 105,403 - 105,403 Green Industrial Supply(DICW) 8115/11 Rebate 2023 2,908,812 533,776 177,925 - 355,851 Tri-State Quality Metals(DICW)Non- 3/17/14 Rebate 2026 32,510 49,387 49,387 - 49,387 Roasting Solutions(DICW)Non- Appropriation 1/14/16 Rebate 2028 33,666 4Q045 4Q045 - 4Q045 Rite Hite(DICW)Non-Appropriation 1/14/17 Rebate 2030 24,190 24,473 24,473 - 24,473 Hormel Foods (DICW)(100%2021/40% 4121/08 Rebate 2026 8,250,067 2,016,934 672,311 - 1,344,623 Victory Cafe 756 Main St.(GDTIF) 6121/10 Rebate 2022 87,053 11,239 5,749 - 5,490 Bowling&Beyond Lease Buyout(GDTIF) 10l15/12 Lease 2032 1,000,000 600,000 50,000 - 550,000 Flexsteel(GDTIF) 4/18/11 Rebate 2024 2,02Q572 781,743 195,436 - 586,307 The Rose(Lake Ridge) 9/26/11 Rebate 2024 136,014 68,527 17,132 - 51,395 Linseed Oil(GDTIF)Multi-Res 3!7/13 Rebate 2030 576,504 16$384 16,838 - 151,546 Rousselot(GDTIF)(Non-Appropriation) 1122/13 Rebate 2025 4,931 10,915 10,915 - 10,915 Julien Hotel(GDTIF) 4121108 Rebate 2026 3,26Q286 1,250,396 208,399 - 1,041,997 44 Main(GDTIF}Multi-Res 10l18/10 Rebate 2027 446,799 144,767 22,851 - 121,916 Barker Financial(GDTIF)Multi-Res 8/16/10 Rebate 2027 297,282 67,950 12,537 - 55,413 Engine House#1(GDTIF) 616/11 Rebate 2027 171,166 6$927 9,847 - 59,080 253 Main St.(GDTIF)(Non-Appropriation) 4l6/15 Rebate 2027 5,798 2,997 2,997 - 2,997 Spahn and Rose (GDTIF)(Non- 4/21/14 Rebate 2027 108,221 105,313 105,313 - 10b,313 Franklin Investment-Multires(GDTIF) 4/4/11 Rebate 2028 437,225 189,322 29,069 - 16Q253 Plastic Center Betty Jane Block(GDTIF) 2/7/11 Rebate 2028 148,967 60,518 7,565 - 52,953 Caradco(GDTIF)Muki-Res 3/21/11 Rebate 2028 1,499,442 82Q675 113,018 - 707,657 Bonson 356 Main St.(GDTIF)Multi-Res 12/19/11 Rebate 2025 152,286 4$393 7,282 - 41,111 Roshek Building(GDTIF)(Non- 2/17/09 Rebate 2030 5,149,852 266,124 266,124 - 266,124 Novelty Iron Works(GDTIF)(Non-Approp) 6/17/13 Rebate 2031 33,105 75,352 75,352 - 71,732 Smokestack(GDTIF)(Non-Approp) 6117/18 Rebate 2022 1,623 541 541 - 541 Rockfarm Holdings(TECH)Non- 10/7/14 Rebate 2027 42,301 36,455 36,455 36,455 Total TIF Rebates 27,733,300 7,653,959 2,262,964 5,998,977 General Fund Leases Various Various Ongoing 194,160 155,000 155,000 IowaFinanceAuthorityLoan-Caradco 12-01-10 3.0000% 2030 4,500,000 3,639,903 169,594 131,250 3,470,309 TotalOtherLns-RevBacked 4.500.000 3.639.903 169.594 131250 3.470.309 Total City Indebtedness Subject to Debt Limit 179.956.383 117.796.570 10.671.724. 4.351.591 111.687.827 Revenue Bonds Parking Bricktown Parking Lot 7/21/08 5.00% 2023 40Q000 121,344 32,557 5,665 88,787 Sanitary Northfork Catfish Improvements SRF 1113/10 325% 2031 912,000 529,000 46,000 17,192 483,000 31 Date Average Yearof Amount Principal Principal Interest Principal Description of Interest Final of Outstanding Due Due Outstanding Issue Rate Payment Issue 6/30/20 FY 2027 FY 2027 6/30l27 Sanitary Water&Resource Recovery Upgrade SRF 8118/10 325% 2039 74,285,000 57,961,000 2,538,000 1,159,220 55,423,000 Sanitary WRRC Cogeneration&Sponsor SRF 5117/13 2.00% 2033 3,048,000 2,116,000 144,000 42,320 1,972,000 Sanitary Kerper Boulevard SRF 31S/19 1.00% 2038 2,763,000 2,40Q6S2 124,000 24,120 2,29Q537 SanitaryProjects-FY20 Future 2.00% 2040 871,000 871,000 19,570 17,420 851,430 Sanitary Projects-FY21 Future 2.00% 2041 2,711,000 - - 49,835 2,711,000 Stormwater Lower Bee Branch Restoration 10l27/10 325% 2041 7,850,000 6,224,000 211,000 202,280 6,013,000 Stormwater Lower Bee Branch SRF- 9!1/14 2.00% 2034 1,029,000 715,000 49,000 14,300 666,000 Stormwater Northfork Cattish Improv.SRF 1113/10 325% 2031 80Q000 463,000 4Q000 15,048 423,000 Stormwater Sales Tax Increment Revenue 6/15/15 3.72% 2031 2QSOQ000 2QSOQ000 - 762,650 2QSOQ000 Stormwater Upper Bee Branch&Sponsor SRF 6117115 2.00% 2037 3Q941,000 21,890,336 1,16Q000 316,131 2Q978,000 Stormwater Upper Bee Branch RR SRF 6!7/19 2.00% 2040 16,382,000 7,137,910 674,000 206,560 13,708,910 Stormwater West 32nd Detention Basin 1114/09 325% 2028 1,847,000 876,000 98,000 28,470 778,000 Water Planned Projects-FY21 Future 2.00% 2041 980,000 - 980,000 Water Roosevelt Water Tower SRF 8!9/19 2.00% 2040 4,40Q000 3,095,251 181,000 8Q508 4,219,000 WaterClWAPurchase&Improvements 7!7/17 2.00% 2036 1Q198,000 7,277,300 512,000 162,260 7,825,300 Water-CIWAContractPurchase 12l28/16 3.00% 2022 5,000,000 2,000,000 1,000,000 60,000 1,000,000 Water-ClearWellReservoirs SRF 10l18/07 325% 2028 915,000 435,000 48,000 8,700 387,000 Water Meter Change Out Program SRF 2112/10 325% 2031 6,394,000 3,984,000 307,000 129,480 3,677,000 Water System Improvements&Ext. 11/4/08 4.71% 2023 1,195,000 315,000 10Q000 15,598 215,000 Water System Improvements&Ext. 8116/10 3.54% 2030 5,700,000 3,850,000 240,000 144,450 3,610,000 TotalRevenueBonds 199,421,000 143,067,823 7,524,127 3,462,210 149,099,964 Total City Indebtedness 379.377.383 260.864.394 18.195.851 7.813.801 260.787.791 Statutory Debt Limit 227,661,474 $239,29$248 %of Debt Limit Used 51.74% 46.67% Remaining Debt Capacity 109,864,903 727,670,421 32 Attachment D North Grandview Estates Housing Urban Renewal Area Dated November 12, 2020 District Boundary Description The District shall include the following described area: Lot 1 of North Grandview Place; and Lot 1 of North Grandview Estates; and Lot A and Lots 1 thru 37, inclusive, of North Grandview Estates No. 2; and Lot A of Lot B of Sullivan's 2"d Addition; and All that part of the Right of Way of North Grandview Avenue lying south the of the Southerly right of way line of West 32"d Street and lying north of the easterly extension of the south line of Lot 1 of North Grandview Place; and All that part of the right of way of West 32"d Street lying east of the northerly extension of the west line of Lot 37 of North Grandview Estates No. 2 and lying southwest of the northerly extension of the east line of Lot A of Lot B of Sullivan's 2nd Add'Itloll. 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YATCX'GH6, n' �. ^ � ! � NATCN LINB _____� *____-__ __�_ SBff}0'�2 ��_ ________� ______ __-__ I 100.00'w 509'JO'�T'W $ IAT f !8 ]8.61' B,PY>S.P. $� LOT YB $ „ SBBi6'35'E�2�.5�' n - �.100 S.F. � j� f LOT YO � _ 8,9/S S.P. � a m b � �C i LOT 8 !� � '� 589']Oi3Yl X ^ sevvo�4s�r v.asa s.r. � � I 100.00' 115.15 � � �I 586'16'S5'E fm � � tX1.29' g'i LOT Y] g j a m >.l00 S.£. � � � �� S LOTEI �n b �y 8.Y%S.F. i I20'SiqiN o ,� LOT 5 _ ] , '_ _'SEriFRFISFtdFHL _' �� i >.9Ee S.r. Q �� SBff30'l YI - 59g�p'l2'W �' 3 _ '. 100.00 581'4>' �J' , W , i � i � � � i ^ I rc � . � � n ' __`_____________'_"""" ____ w i3abs' i E��J.59' ry o y io�s�wiru�r Z � SEY£R EnSEUENi, >9 5 �I � H LOT PY $ LOT I �� z .P. c.on s.�. s.aee s.e. - � a�� z . e'S�'o�'E�03.29• 589'JO'12Y1 G'� SBB']0'131V � � )O.B6' 18.t0' 14A1 � l �V � � � r G i 1i II I / ` ' ^ � O LOT 9 ' ---_--�]0'S ItNRT SEKER � 8.900 S.P. 8 _�'-�- � � u&`WYIE YAIN EASEMENi e as T.9 S>�•5]' ' I I •E�SEMENT� . 1 S.F. �e�i0J.5i' � 5 � � �Bsb �osi s ' " . , �a Z 1j� ], .f. i . � l i � k I i � / i � i � i y � `� . �� rvvY NB8'�g. ��a '� IR I . W = �n,b i _....__...._.__...-_ ~ u ��/OJ.�'i } .__._._ j I. I �� LOT RS na LaT I ;, �o ..' . 9i.39B 3.f. LOT PI 6,�08 3.f. ; � sa,sss s.r. � ' h� io�unutt%8 E i I ' _�� cnscucxr; I rv; ;'•.. ._ m ' , q . � i5' '� i Hfi9�j:, ' � �ti �o•unun k s.,,,'..: , ._._ �I �z �'� o EnSEUEui 6.Z...� Y ..-� � � I i � � � � n Tll Cl '� � m �. G� . TES ..._._..... R Y, ",h�Y:�>• �S ' ' ffi �R •lwsl4?. /n�i fds�b i Z' S'U11LItt �'- . ' II � r r r N ERSEMENi �" � �__. � � 5 _ I i:sc.niExi , y` c _.... I CURVE TABLE� � }b \ CURVE OELin Rapllli RRC CHORD 0 BEPa1NG � `�� . [-I 3)•]5'I1• I5.00 953 0� HB'�IB'33'Y � C-2 62'l)'S8' �SAO 4893 46.56 ry ``y\ I [-3 13<'35'19'45.00 O5.]0 8].03 N6J'IB'a2'v C-< 20'21'26' a500 15,99 15.91 N69•10'19'E ' [-5 >I'S0'19' 2�A0 2612 55'S2'E '� i � ' � 2�.31 \�,.. ; SBffI)'52'W i31.65"(11J.65) �' Y� C-fi 3'�0'S8' rv36' 1�600 956 955 NI'23'�2'[ \`.. ._._"______________________5.19' 0' ]C 60 5/9'iP B+'.16' C-� 25'SI'S]' 1�600 65.91 65,35 NI6'll'3>'E C-B 29'02'25'11600 I�.00 )].21 x��•38'a6'E ..]0.]6'()010'? -�`-.. JO.l1' ,..._ _'_____�1��1 .... _... 1�600 92)9 91.24 N>6•2225'E � ��-� IEGEND C-9 36'2<'Sd• II 11 I4 � FOIINO 5/B'RER00 V/PLRSLC LFP RLS�9651 C-t0 95'01'10' 1�600 2�225 215.90 SaJ•02'<>'V NLESS OiKRViSE NOiEO. C-11 95'01'10' 1 I2.5) I53.a� S�l•02'a�•v f]LIICh'fi,AfANYCfdH.S'1'.f'(:11.N0.L • FOUNO 1'PIPE,uN�ESi O�MER4ISE NOiEO. L-12 92'1)'�2' IO�UO I6>.53 t�9.99 n�8'26'01'E PpRKEO 5/B'REF00 V/ORANGE CPP [-13 2'46'20' 10�00 SOa SOa 53'S6'E NOtES�� R EO'KpELNEF ISaNEV LOi LINE iHIS PLPi C-11 2'�6'S5' ��.33 ��3J 51�8•a]'11•V ftEMENLS PRE IN fEEi PNO DEC[Mn�S iHEREOf. i1NRL PL i BpUNOnFY LINE C-IS �'03'�)' 91300 64.>5 S15'21'�9'v I.NLL MEPSII q 6l.J3 2.PROPaIEipq:NORiN GRPNpvIEv ESiniES.�LC -----------------------EnSExENi LINE �-�6 �•O!'26' 913.00 6�92 6�90 S11'1�'a3'V ].SURVEv REOUESLEU BY��➢ILK NEn[EL ...... .. . . E%�StING L�T LINE AREAS URVEYEO 1086 ACRES. RECORIIEO OIMENSION �'�� 'OB'06' 913Y0 65.89 6iBB S)'ll'2>'v 5.iXIS�P�Nt I 9�iCi ip nLL R Hi Q�VAYS nN�EPSEMENi3 C-IB 0 91J.00 13.63 13fi3 S�'�l'a5'v 0�RECOR�PN 0 OF ECOR➢.,G (P.OB.' Ni p!BE N[NG v EaSEMEx�C ➢BY 1MIS PLnT RRE(OR ttECLRIC, ROv MT pi vnT [-19 51'33'913.00 253.51 252.10 S12'13'22'V 6 tELEPHIX�E,CRHLE TVEpGpS.StORM SEVER.UNLESS 0 RYISE NOiEU. K Ui1LITY ERSEMENi nL�NG SiREET SHPL1.PLSO BE�USEO fOR IRONSR00 SRv1ipRY SEYER RNO vniER HqIN. [FP �F➢EO rELL�v CRP �]I V/R�Sx)]]1 X126]1 YELLOV CPP V/RLSX12631 File N mbe��OC�16�,36�ec:2 36 Page 3 of 10 Sheet 3 of 6 Surveyor's Certiflcate Dubuque,lowa a 3I ,2006 I hereby certify that the plat shown on sheets 1,8.2 of 6 hereof,is a true and correct FINAL PLA7 OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA as comprised of Lot 2 of North Grandview Estates in the City of Dubuque,Dubuque County,lowa according to the recorded plats thereof,subject to easements of record and not of record. The perimeter boundary of NORTH GRANDVIEW ESTATES No.2 was surveyed by me and is more particularly described as follows: NORTH GRANDVIEW ESTATES No.2 Commencing at the Northeast corner of Lot 1-1-1 of Mineral Lot 359 in Section 14,T89N,R2E,of the 5th P.M.,Dubuque County,lowa,said point being the Point Of Beginning; Thence South 88°18'34"East(this is an assumed bearing for the purposes of this survey only),along the South Right of Way(R.O.W.)line of 32ntl Street,a distance of 464.40 feet to the intersection of said South R.O.W.line and the West R.O.W.line of North Grandview Avenue; Thence South 6°35'OB"West along said R.O.W.line,a distance of 350.00 feet; Thence South 4"16'06"West along said R.O.W.line,a distance of 397.42 feet; Thence Southwesterly a{ong said R.O.W.line a distance of 253.51 feet along the Arc of a 913.00 foot radius curve to the right,of which the chord distance is 252.70 feet and chord bearing of South 12°13'22"West; Thence South 20°10'38"West afong said R.O.W.line,a distance of 93.94 feet to the Northeast corner of Lot 1 of North Grandview Estates; Thence North 69°49'22"West,along the Norlherly line of said Lot 1,a distance of 96.72 feet; Thence South 16°52'04"West,along the Westerly line of said Lot 1,a distance of 70.07 feet to the Southwest corner of said Lot 1; Thence South 69°47'41"East,along the Southerly line of said Lot 1,a distance of 7.68 feet to the Northwest corner of Lot 1 of North Grandview Place; Thence South 20°12'19°West,along the Westerly line of said Lot 1,a distance of 162.40 feet to the North line of Bfock 6 of MaryCrest Subdivision No.2; Thence South 89°17'S2"West,along the North lines of Lots 14,12 and 11 of said Block 6,a distance of 137.65 feet to fhe Southeast corner of Lot 2-1-1 of Mineral Lot 359; Thence North 0°29'18"West,along the East lines of Lot 2-1-1 of Mineral Lot 359 and Lot 1-1-1 of Mineral Lot 359,a distance of 1283.33 feet to the Point Of Beginning. The total surveyed area of North Grandview Estates No.2 is 10.86 acres. The Surveyed area is subject to all easements of record and not of record. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Land Surveyor under the laws of the State of lowa.All monuments were placed or shall be placed within one year from the date that this plat is recorded. ��/ Ma�3f�2vo6 TERRY KOELKER DATE LICENSED LAND SURVEYOR REGISTRATION# 15487 REG.RENEWAL 12/31/07 File Number:2006-00010536 Seq:3 37 Page 4 of 10 . Sheet 4 of 6 Owners Consent Dubuque,lowa �,2006 ' 0 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBU�UE COUNTY,IOWA is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate.We hereby dedicate,Lot A(Helen Ridge Court)and all easements shown to the public. Narth Grandview Estates,L.L.C. ( Richard Henkel,P� ident State of lowa ) ) County of Dubuque) ss: On this�day of��/.y_C��"�-� AD 2006,before me �orul, /a. dil@ L�o»w:cA��P,Notary Public in and for the State of lowa,persrinally appeared Richard Henkel to me personally kn ,who,being duly sworn did say that said Richard Henkel is President of North Grandview Estates,L.L.C.,that the seal affixed to the abo�e instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors,and that said Richard Henkel,President acknowledged the execution of said instrumenfi��teib�,the voluntary act and deed of said Corporation by it voluntarily executed. Jp 1�Uy;e� „ ,;�' ,�'•. a @�y� g �r:' � c��ti� �f* Witness my hand and Notarial Seal on the date ove writte�. r'�,~� � j .� a� ^'�Q,�:'p: ��. Aa�) J��;'��^,Q�d�' �,''��v} ; Nota�Public i�and fo`the State of lo `�� `••'�'k �,,,,p e�:4' �PbDI^ah !�,l✓jaQo�?oL(Q/i �xp�rts/i'�!'F�.,�n'�� `J Attornev's Certificate Dubuque,lowa June 1 ,2006 TO WHOM IT MAY CONCERN: This will certify that I have examined the abstract of title covering Lot 2 of North Grandview Estates in the City of Dubuque,Dubuque County,lowa accordi�g to plats thereof covering the period from government entry to May 15, 2006 certified on that date by nubuaue Countv Abscract & Ticle co. and tind that said abstract shows good and merchantable title to said real estate in North Grandview states L.L,C. free and clear of all liens and encumbrences and shows taxes paid i cluding taxes for the year Subject to lst mortgage to DuTrac Community Credit nion dated ecem 1 0 � �' �'v A o� ey-at-L Jo e h J. Bitter B'IT�fER LAW OFFICES 48 Locust Street Du uque, IA 52001 5 3-588-4608 File Number:2006-00010536 Seq:4 38 Page 5 of 10 «;,;,;.r , � , � .. , •'�r� _ . } ` i Sheet 5 of 6 CountvTreasurer'sCertiflcate.' ':,+, ;�- Dubuque,lowa 7' „�—�Z�� I,the undersigned,Eric Stierman,Treasurer of Dubuque County,lowa,do hereby certify that all taxes levied against Lot 2 of North Grandview Estates in the City of Dubuque,Dubuque County,lowa,have been paid and said real estate is free from taxes as of this date. + .l A__ Treasurer of Dubuque County,lowa Citv of Dubuoue Zonina Advisory Commission Dubuque,lowa �2_,2006 The foregoing FINAI PIAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA and the dedication of Lot A(Helen Ridge Court)and all easements shown to the public.is hereby approved by City Zoning Advisory Commission of the City of Dubuque,lowa and approvai of said plat by the City Council of the City of Dubuque is hereby recomm n d. By: Zoning Advis is on of the City of Dubuque,IA ____._ _ CiN of Dubuaue,lowa + Dubuque,lowa " � ,2006 The undersigned,Roy D.Buol,Mayor and Jeanne Schneider,Clerk of the City of Dubuque,lowa,do hereby certify that the foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA and the dedication of Lot A(Helen Ridge Court)and all easements to the public,as appears heretofore has been filed in the office of the C'y Clerk of Dubuque,lowa and that the City Council of the City of Dubuque,lowa approves said plat. Mayor o e City of Dubuque, �� rk of the City of Dubuque,IA Countv Auditor's Certificate Dubuque,lowa �iv�� 2`Sl ,2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA was entered of record in the Office of the Dubuque�our�y.�uditor this �day of �+.�c� ,2006. .�� . , J� -;�h�i Sr � } 1:,<l cs��._ . ..... � Dubuque County Auditor of D lowa ��c��+. �� '�•��..�� File Number:2006-00010536 Seq:5 39 Page 6 of 10 Sheet 6 of 6 BANK CONSENT Dutrac Community Credit Union of Dubuque,lowa hereby states that it is the mortgagee of a mortgage instrument No. of the records of Dubuque County,lowa on real estate described as follows: LOT 2 OF NORTH GRANDVIEW ESTATES IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA. Dutrac Community Credit Union of Dubuque,lowa hereby consents to the FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA Dated this 3�J� day of �W✓�2_ ,2006 Dutrac Community Credit Un1on of DUBUQUE,IOWA er. `��^�-�9.�-i(,�---, Thomas O.Filiman,Business Relationship Manager State of lowa ) ) County of Dubuque ) ss: On this�day of �w,�e ,AD 2006,before me,the undersigned,A Notary Public in and for the State of lowa,personally appeared Thomas Fillman,to me personaily known,who being by me duly sworn,did state that he is the Business Relationship Manager of Dutrac Community Credit Union of Dubuque, lowa of the corporation executing the within and foregoing instrument,that said instrument was signed on behaif of said Corporation by authority of its Board of Directors,and that Thomas Fillman as o�cer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. ��0.�� eqeNoa HeAeea otary Public in and for the State of lowa ��' Commiae�'en N�mbsr 7 0 YyComir.'�te��cnESplrqq �7��j City Assessor's Certificate Dubuque,lowa �uxc-. ,�9 ,2006 The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA was entered of record in the Office of the City Assessor of the County of Dubuque,lowa,on the date first written above. � y/�,,,L.�/%/ s" o/l City Assessor, o 'y o u , owa Recorder's Certificate �[_a ,2006 � C/ The foregoing FINAL PLAT OF NORTH GRANDVIEW ESTATES No.2 IN THE C{TY OF DUBUQUE, DUBUQUE COUNTY,IOWA has been reviewed by the Dubuque County Recorder. 7�G.�ur .��n.�.��i.�Z-:.�, Dubuqu Coun Recorder ,�� -�-, �� . � ��. � ° = �: .r.s; . File Number:2006-00010536 Seq:6 __.._...- __ 40 Page 7 of 10 , .; � Prepared try: Laura Carstens,Citv Plan�er Address: CiN Hall.50 W.13th Street Telephone: 589-4210 Retum to: Jeanne Schneider.CiN Clerfc Address:Citv Hall.50 W.13th Street Telephone: 589-4120 RESOLUTION NO. 3 o s -06 A RESO�UTtON APPROVlNG THE FlNAL PLAT OF NORTH GRANDVIEW ESTATES NO.2 IN THE CITY OF DUSUQUE, IOWA. Whereas,there has been fiied with the City Cterk a Final Plat ot'Alorth Grandview Estates No. 2 in the City of Dubuque, lowa;and; Whereas, upon said final plat appears a street to be known as Helen Ridge Court (Lot A),together with certain public utility storm and sanitary sewer easements and storm water detention basins(Lots 10 and 12}all in North Grandview Estates No.2, which the owner, by said final plat,has dedicated to the public forever;and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and . Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon,subject to the owners agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it canforms to the statutes and ordinances relating to it,except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the dedication of Helen Ridge Court(Lot A),and the easements far public utiiities, sanitary sewer and storm sewer as they appear upon said final plat, be and the same are hereby accepted;and Section 2. That the Final Plat of North Grandview Estates No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse File Number:2006-00010536 Seq: 7 41 Page 8 of 10 Resolution No. -06 Page 2 the approvai of the City of Dubuque, lowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Helen Ridge Court(Lot A}to grade and to construct concrete curb and gutter and to hard surface with asphaftic concrete,or with concrete paving with integral curb, all in accordance with the City of Dubuque standard speci�cations, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans appraved by the City Engineer, and inspected by the City Engineer; (b) To install sanitary sewer and service laterals,water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications,all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; (c) To construct said improvements, prior to two(2)years from the date of acceptance of this resolution, at the sole expense of the owners,or future owner; (d) To construct storm water detention facilities in a manner acceptable to the City Engineer, in accordance with construction improvement plans approved by the City Engineer, prior to grading associated with the proposed streets; (e) To maintain the above public improvements,for a period of two(2)years from the date of the acceptance of those improvements by the City of Dubuque, lowa,at the sole expense of the owners,or future owner; And, further provided that said North Grandview Estates, LLC, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable ta the City Manager of the City of Dubuque, lowa. Section 3. That the City's residential st�eet width standard is hereby waived to allow construction of Helen Ridge Court with 27-foot of paving and 42-foot of right-of- way. Parking on Helen Ridge Court shall be restricted to the north and west sides of the street. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with muftiple frontages,as required by City Code 41-161 through 41-164. The responsibility shall e�end to all successars, heirs and assignees. Sidewalk instaAation will nat be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions,sidewalks on developed lots will not be required until 50%of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80%of the lots approved by the plat. File Number:2006-00010536 Seq: 8 42 Page 9 of 10 Resolution No. -O6 Page 3 Section 5. The devetoper will maintain the detention faciiities constructed as part of North Grandview Estates Subdivision No.2 until it has been fully completed and 80%of the sum of the platted lots in the entire North Grandview Estates No. 2 is fully devefoped and the remaining 20%of these iots have installed adequate erosion contro! measures as approved by the City. Upon the City's acceptance of the detention facility, the maintenance expenses incurred by the City of Dubuque for the storm water detention facility(Lots 10 and 12)shall be assessed against the lot owners of North Grandview Estates Na. 2, in equal amounts,and the City Manager shall certify such costs to the City Clerk,who in turn shall promptly certify such costs to the Dubuque Caunty Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the City may install a portion of the sanitary sewer mains and sewer service laterals into each individual lot. The costs associated with this installation shalt be reimbursed to the City from the developer, his successors and assigns as each lot is sold,with a balloon payment at the end of five years from the date of this resolution, all in accordance with the development agreement between the City of Dubuque and North Grandview Estates, LLC. Section 7. That the City may install a portion of the water mains and service laterals into each individual lot. The costs associated with this installation shall be reimbursed to the City from the developer, his successors and assigns as each lot is sold,with a balloon payment at the end of five years from the date of this resolution,all in accordance with the development agreement between the City o#Dubuque and North Grandview Estates, LLC. Section 8. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement ptans and City standard specifications and accepted by City Council Resolution. Section 9. That in the event North Grandview Estates, L�C fails to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be nuli and void and the acceptance of the dedication and approval the plat shall not be effective. Passed,approved and adopted this 5 t n day o{ J u 1 2pp6 � Roy D. ayor Attest: � ��L��`Z�� J anne F. Schneider, City Clerk File Number:2006-00010536 Seq: 9 43 Page 10 of 10 . CERTIFI�CATE O�CI'TY CLERK STATE OF IOWA ) ) CCIUNTY O� DUBUQUE ) I, Jeanne F. Schneider,do hereby certify that t am the duly appointed,qualified, and acting Clerk of the City of Dubuque, lowa in the County aforesaid, and as such Cierk I have in my possession or have access to the records of the proceedings o#the City Council. I do furthe�state that the hereto attached Resalutian No.308-06 is a correct copy of the original Resoiutian Na.308-06 approved and adopted by the Cit�+Council of the City of bubuque, lowa,at a session held by said Council on the 5th day of July, 2006. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, lowa. Dated at Dubuque, lawa on this 7'h day of July, 2006. / �c��f'�'' ✓ , Jeanne F. Schneider,CMC ,y �6�4t�� City Clerk °�:Y, J<. , ,, �i�� r;�. File Number:2006-Q0010536 Seq: 10 44 EXHIBIT C NORTH GRANDVIEW ESTATES WATERAND SEWER CONNECTION FEES ($7,419.70Total Per Lot Fee includes$2,225.60 Water Connedion Fee and$5,191.10 Sanitary Connedion Fee) Updtated Jan 5,2021 LOT PARCEL ADDRESS OWNER PAID OWES 3 1014155035 2901 N.GrandviewA�e. Ehrlich Properties LLC $ 7,419.70 4 1014155034 2925 N.GrandviewA�e. Ehrlich Properties LLC $ 7,419.70 5 1014155033 2949 N.GrandviewAve. Ehrlich Properties LLC $ 7,419.70 7 1014155031 2997 N.GrandviewA�e. Ehrlich Properties LLC $ 7,419.70 8 1014155030 3001 N.GrandviewAve. Ehrlich Properties LLC $ 7,419.70 10 1014155025 N.Grandview Ave. Ehrlich Properties LLC(Detention Basin Lot) N/A 12 1014155026 N.Grandview Ave. Ehrlich Properties LLC(Detention Basin Lot) N/A 13 1014155025 3050 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 14 1014155024 3030 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 15 1014155023 3010 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 16 1014155022 2990 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 17 1014155021 2970 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 18 1014155020 2950 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 19 1014155019 2930 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 20 1014155015 2910 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 21 1014155017 2590 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 22 1014155016 2570 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 23 1014155015 2560 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 24 1014155014 2550 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 25 1014155013 2545 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 26 1014155012 2565 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 27 1014155011 2885 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 28 1014155010 2905 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 29 1014155009 2925 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 30 1014155005 2945 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 31 1014155007 2965 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 32 1014155006 2955 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 33 1014155005 3005 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 34 1014155004 3025 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 35 1014155003 3045 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 36 1014155002 3065 Helen Ridge Court Ehrlich Properties LLC $ 7,419.70 45