First Amendment to Grant Agreement with 84 Main, LLCCity of Dubuque
City Council Meeting
Consent Items # 6.
Copyrighted
July 6, 2021
ITEM TITLE: First Amendment to Grant Agreement Between the Cityof Dubuque and
84 Main, L L C for the Creation of Rental Units at 84 Main Street
SUMMARY: City Manager recommending approval of the First Amendment to Grant
Agreement between the City of Dubuque and 84 Main, LLC for its
creation of rental units at 84 Main Street.
RESOLUTION Approving the FirstAmendmentto Grant Agreement
between the City of Dubuque, Iowa and 84 Main, L L C
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
First Amendment to Grant Agreement with 84 Main- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
F i rst Amendment Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: First Amendment to Grant Agreement Between the City of Dubuque and
84 Main, LLC for the Creation of Rental Units at 84 Main Street
DATE: June 21, 2021
Economic Development Director Jill Connors recommends City Council approval of the
First Amendment to Grant Agreement between the City of Dubuque and 84 Main, LLC
for its creation of rental units at 84 Main Street. The amendment changes the
completion date to October 1, 2021.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jill M. Connors, Economic Development Director
THE CITY OF
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Masterpiece on the Mississippi
Dubuque
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2007-2012.2013
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TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
Economic Development
Department
1300 Main Street
Dubuque, Iowa 52001-4763
Office (563) 589-4393
TTY (563) 690-6678
http://www.cityofdubuque.org
SUBJECT: First Amendment to Grant Agreement Between the City of Dubuque and
84 Main, LLC for the Creation of Rental Units at 84 Main Street
DATE: June 18, 2021
INTRODUCTION
This memorandum presents for City Council consideration and action the attached
resolution approving a First Amendment to Grant Agreement between the City of
Dubuque and 84 Main, LLC for its creation of rental units at 84 Main Street.
BACKGROUND
The Downtown Rehabilitation Loan Program (DRLP) provides several incentives from the
Economic Development department for the rehabilitation of historic buildings in our
greater downtown.
This program has had a positive impact in the appearance and livability of our downtown,
which leads to a more attractive business and residential environment. As such, the
Economic Development Department finds these programs to be great tools for attracting
and retaining a quality workforce for our businesses.
On December 2, 2019 the Dubuque City Council awarded to 84 Main, LLC a grant in the
amount of $40,000 for the creation of four new rental units at 84 Main Street. The original
agreement required the minimum improvements to the property be completed by
December 31, 2020.
DISCUSSION
The creation of four new rental units at 84 Main Street is well underway. 84 Main, LLC is
working closely with Starka Johnson Architects as well as City Staff across numerous
departments to unsure these quality rental units are finished as soon as possible.
Unfortunately, supply and labor shortages due to the ongoing pandemic have pushed the
project behind schedule. 84 Main, LLC has requested an amended completion date of
October 1, 2021. This will allow time for the project to be completed and properly
inspected.
RECOMMENDATION / ACTION STEP
I respectfully request City Council approval of the attached resolution approving the First
Amendment to Grant Agreement between the City of Dubuque and 84 Main, LLC
2
Prepared by: Jill Connors, Economic Development, 50 W. 1311 Street, Dubuque IA 52001, 563 589-4393
Return to: Jill Connors, Economic Development, 50 W. 1311 Street, Dubuque IA 52001, 563 589-4393
RESOLUTION NO. 224-21
APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND 84 MAIN, LLC
WHEREAS, the City of Dubuque (City) and 84 Main, LLC (Grant Recipient)
previously entered into a Grant Agreement dated December 2, 2019 for the creation of
four new rental units at 84 Main Street in the City of Dubuque, Iowa (the Project); and
WHEREAS, City and Grant Recipient desire to amend the Grant Agreement as set
forth in the attached First Amendment to Grant Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the First Amendment to Grant Agreement between the City of
Dubuque, Iowa and 84 Main, LLC, a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the First
Amendment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is
authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the First Amendment to Grant Agreement as herein
approved.
Passed, approved and adopted this 6t" day of July, 2021.
t% /
Roy . Buol, M yor
Attest:
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Adrienne N. Breitfelder, City Clerk
FIRST AMENDMENT
TO
GRANT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
84 MAIN, LLC
This First Amendment to Grant Agreement, dated for reference purposes the r
day of Tue y , 2021, is made and entered into by the City of Dubuque, Iowa,
a municipalit (City), established pursuant to the Iowa Code and acting under
authorization of Iowa Code Chapter 403, as amended (the Urban Renewal Act), and 84
Main, LLC (Grant Recipient), also referred to as Cutting Edge Development Inc.
Whereas, City and Grant Recipient previously entered into a Grant Agreement
dated December 2, 2019 (the Grant Agreement); and
Whereas, City and Grant Recipient desire to amend the Grant Agreement as set
forth herein.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND
COVENANTS CONTAINED HEREIN, CITY AND GRANT RECIPIENT AGREE AS
FOLLOWS:
1. Section 1.2 of the Grant Agreement is hereby amended to read as follows:
1.2 Completion of Minimum Improvements. Grant Recipient shall
complete construction of the Minimum Improvements by October 1, 2021.
City shall determine in its sole discretion (following an inspection by City's
Building Services Department and/or Housing & Community Development
Department, and/or Planning Department) when the Minimum Improvements
have been completed. In order to be considered completed, the Minimum
Improvements must be constructed in accordance with the terms of this
Agreement, in compliance with the regulations of the Downtown
Rehabilitation Grant Program, and in substantial conformity with Grant
Recipient's application to that Program and the Design Letter attached
hereto.
2. Section 2.1 of the Grant Agreement is hereby amended to read as follows:
2.1. Operation of Development Property; Housing Vouchers. For and in
consideration of the Grant offered under this Agreement, during the operation of
the Development Property as a rental residential property, Grant Recipient shall
accept, or cause to be accepted, applications from prospective tenants with
housing vouchers issued under the U.S. HUD's Section 8 voucher program or a
similar program who are otherwise qualified prospective tenants. Grant Recipient
052721BAL
shall not deny any tenant a lease based on a public assistance source of income.
A public assistance source of income means income and support derived from any
tax supported federal, state or local funds, including, but not limited to, social
security, supplemental security income, temporary assistance for needy families,
family investment program, general relief, food stamps, and unemployment
compensation, housing choice voucher subsidies and similar rent subsidy
programs. This Section 4.2 shall survive the termination of this Agreement. If Grant
Recipient, or Grant Recipient's successors or assigns violates the requirements of
this Section 2.1 as determined by the City Manager in the City Manager's sole
discretion after the termination of this Agreement, Grant Recipient or Grant
Recipient's successors or assigns shall not be eligible for any City financial
assistance programs.
3. Except as modified herein, the Grant Agreement shall remain in full force
and effect.
CITY OF DUBUQUE, IOWA 84 MAIN, LLC
By: ILi By:
Roy . Buol, Mayor
( 9 _
Bria�mers,
Managing Member