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Termination of Development Agreement with Offal Food Group, LLC for 801 Rhomberg Avenue Copyrighted April 19, 2021 City of Dubuque Consent Items # 9. City Council Meeting ITEM TITLE: Termination of DevelopmentAgreement Between the City of Dubuque and Offal Food Group, LLC forthe Rehabilitation of 801 Rhomberg Avenue SUM MARY: City Manager recommending approval of a resolution authorizing a Termination Agreement between the City of Dubuque and Offal Food Group, LLC forthe rehabilitation of 801 Rhomberg Avenue. RESOLUTION Approving the Termination Agreement of the Development Agreement by and between the City of Dubuque, lowa and Offal Food Group, LLC SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Termination of Grant Agreement with Offal Food Group- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Termination Agreement Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Termination of Development Agreement Between the City of Dubuque and Offal Food Group, LLC for the Rehabilitation of 801 Rhomberg Avenue DATE: April 12, 2021 On December 7, 2020, the Dubuque City Council entered into a Development Agreement with Offal Food Group, LLC for the rehabilitation of 801 Rhomberg Avenue. The Agreement included $30,000 in incentives for fa�ade improvements and planning and design work. Kevin Scharpf of Offal Food Group, LLC has indicated that he does not plan to proceed with the project at this address. At this time, both parties agree to release each other from any and all obligations under the Grant Agreement. Economic Development Director Jill Connors recommends City Council approval of a resolution authorizing a Termination Agreement between the City of Dubuque and Offal Food Group, LLC for the rehabilitation of 801 Rhomberg Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill M. Connors, Economic Development Director Dubuque Economic Development Department THE CITY OF � 1300 Main Street All•America Eity Dubuque,lowa 52001-4763 �� � "h�N",`��nz�'��:�:��� Office(563)589-4393 1 I ��� TTY(563)690-6678 http://www.cityofd u bu q ue.org zoo�=zoiz*zo�3 Masterpiece on the Mississippi �oi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Termination of Development Agreement Between the City of Dubuque and Offal Food Group, LLC for the Rehabilitation of 801 Rhomberg Avenue DATE: March 31, 2021 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing a Termination Agreement between the City of Dubuque, lowa and Offal Food Group, LLC for the rehabilitation of 801 Rhomberg Avenue. BACKGROUND On December 7, 2020 the Dubuque City Council entered into a Development Agreement with Offal Food Group, LLC for the rehabilitation of 801 Rhomberg Avenue. The Agreement included $30,000 in incentives for fa�ade improvements and planning and design work. DISCUSSION Kevin Scharpf of Offal Food Group, LLC has indicated that he does not plan to proceed with the project at this address. At this time, both parties agree to release each other from any and all obligations under the Grant Agreement. The project will still be eligible for future assistance from the City provided funding is available and project completion dates can be met. RECOMMENDATION / ACTION STEP I recommend that the City Council adopt the attached resolution approving a Termination Agreement between the City of Dubuque and Offal Food Group, LLC for the rehabilitation of 801 Rhomberg Avenue. Prepared by: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 1300 Main Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 114-21 APPROVING THE TERMINATION AGREEMENT OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND OFFAL FOOD GROUP, LLC WHEREAS, the City of Dubuque (City) and Offal Food Group, LLC (Developer) entered into a Development Agreement dated for reference purposes the 7t" day of December, 2021 (the Agreement) for property at 801 Rhomberg Avenue, legally described as follows: Lot 1 of the Subdivision of Lot 42 in Cook's Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof; Lot 2 of the Subdivision of Lot 42 in Cook's Addition to the City of Dubuque, Iowa, according to the recorded Plat thereof; The Southeasterly 95.53 feet of Lot 17 and the Southeasterly 95.53 feet of Lot 3 of the Subdivision of Lot 18, both in "Dreibelbis Addition, Dubuque" in the City of Dubuque, Iowa, according to the recorded Plat thereof; Lot 5 of the Subdivision of Lots 1 and 11, and Lot 1 of the Subdivision of Lot 1-A, in Lorimier's Subdivision of Out Lots 654 and 688 in the City of Dubuque, Iowa, according to the recorded Plat thereof; ; and WHEREAS, City and Developer now desire to terminate the Agreement on the terms and conditions set forth in the Termination Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Termination Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination Agreement. Passed, approved and adopted this 19th day of April, 2021. Roy D. Bu I, Mayor Attest: _12 Ail-") z Adrienne N. Breitfelder, City Clerk TERMINATION AGREEMENT OF THE GRANT AGREEMENT FOR THE DOWNTOWN REHABILITATIONGRANT PROGRAM BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND OFFAL FOOD GROUP, LLC This Termination Agreement, dated for reference purposes the 14*" day of e`f , 2021, is made and entered into by and between the City of Dubuque, Iowa and Offal Food Group, LLC. Whereas, the City of Dubuque, Iowa (City) and Offal Food Group, LLC (Grant Recipient) entered into a Grant Agreement for the Downtown Rehabilitation Grant Program, dated December 7, 2020 (the Grant Agreement); and Whereas, City and Grant Recipient have agreed to terminate the Grant Agreement upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLOWS: Section 1. The Grant Agreement is hereby terminated. Section 2. The parties release each other from any and all past, present and future obligations of any kind arising under the Grant Agreement. CITY OF DUBUQUE, IOWA OFFAL FOOD GROUP, LLC By: Gi t By: Roy D. ol, Mayor ATTEST: Adrienne N. Breitfelder, CO Clerk A �7 Kevin Scharpf, Owner 03232021bal